# ;d~~t,El!fEG

Bill Richardson Governor 

### April 25, 2005 

# 2605 MAY -~; PN 2 : 32 

# State of New

1Me~~~~1- 1-~1,t~~ DIVISION Office ofthe Governor

_ ` :4


### Mayor Richard Greene Regional Administrator U .S
. Environmental Protection Agency, Region 6 1445 Ross Avenue Dallas, TX 75202-2733 Dear Mayor Greene: USPEC ASST 

### .

- f - --- 

### On behalf of the New

Mexico Environment Department (NMED), I am ptea5edYo submit to the Environmental Protection Agency (EPA) the enclosed revisions to the State Implementation Plan
. This revision includes an amendment to the New Mexico Air Quality Control Act, adoption of New Mexico Administrative Code (NMAC) regulation 20.2.66 NMAC - Cotton Gins, and amendments to regulations 20 .2.72 - Construction Permitsj~2

:10.2.73 - Notice ofIntent and Emissions Inventory Requirements, nd 20 .2.75
- Construction Permit Fees
. The hearing records for these SIP revisions are attached, which include the filed regulations, transcripts, exhibits, public notices, affidavits of publication, notices of intent to testify, and public comments
. If there are any questions concerning this SIP submittal, please contact Mary Uhl, Acting Air Quality Bureau Chief, at (505) 955-8086. Sincerely, 

# 4~1A714~4'4, Bill Richardson Governor of New

Mexico cc: Tom

Diggs, EPA Region 6 David Neleigh, EPARegion 6 Ron Curry, NMED, Cabinet Secretary Mary Uhl, NMED, Air Quality Bureau

State Capitol - Room 400 " Santa Fe, New Mexico 87501 - SoS-476-z2oo " wwwgovernor.state.nm .us

## F ILEU VVITFi STA- H `'_i
. 0"'' S ('r`- , << ~:
1 .24.10 NMAC 

# NMACTRANSMITTAL FORM LiaU3 K1D`v 2 5 [Sequence #

- ~: - 1,
. . --. I., ,QeRFY ;~ -, " 2 A ncy Code (DFA) ~, --- [- :-~Environmental Improvement Board 667 

### P.O
. Box 26110 1190 St
. Francis Drive, Santa Fe, New Mexico 87502

------ Name Tracy Hughes Phone # (505) 827-2750 FAX (505) 827-1628 

### E-mail tracy_hughes@nmenv .state.nm .us

New 

### 0 Amendment 

### 0 Renumber 

### I- -1 Repeal 

### 0 Emergency r.iA tl 

# F~f~~ t ~~ I :J

0

Title Chapter Pait 

### Environmental Protection Air Quality Notice of Intent and Emissions Inventory R equirements 

### Amended two sections
. 13;Nfosti6t+e

_nt fi ling~date (if'c' 01 / 17 / 02 -fAgiiend 'mwt`s NtMG Cita 20.2.73.7 NMAC 20.2.73.300 NMAC

. ~jN-~,- I~fma riars'a,r>e attachEd ;as copyri ht pemtission taee~-?ecei! No Yes Public domain
1 6 ~egal ~tat~~gn(s)that allows the IssuhigAgencyto~~u~ate arui the Lssulng Aathority :''~g,ulationsotl ~ns'subject (provide ail'tFtatapplY)
. .,' '~'' 74-1-8 NMSA 1978; Chapter 74, Article 2 NMSA 1978 I

0

SRC-2000-02 512612000_~^ FILED ~si ~~~ yJ f~ii l
.. .~ERECORDS CENTER , 

# 2H3 NOV 25 AMH: 1 9 This is an amendment to 20.2.73 NMAC, Sections 7 and 300effective on 12/31/03
. 20.2.73.7 DEFINITIONS: In addition to the terms defined in Part 2 (20 .2 .2 NMAC- definitions), as used in this part : A . "air pollution control equipment" means any device, equipment, process or combination thereof the operation of whichwould limit, capture, reduce, confme, or otherwise control air contaminants or convert for the purposes ofcontrol any air contaminant to another form, another chemical or another physical state;

B . "commencement" means that an owner or operator has undertaken a continuous programof construction or modification;

C
. "construction" means fabrication, erection, installation or relocation of a stationary source, including but not limited to temporary installations and portable stationary sources;

D "emission report or inventory" means a listing by source of the amount of air pollutants discharged into the atmosphere of acommunity; jD]E
. "fugitive emissions" are those emissions whichcould not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening ; [F}f
. "modification" means any physical change in, or change in the method of operation of, a stationary source whichresults in an increase in the potential emission rate ofany regulated air con taminan t emitted by the source or whichresults in the emission of any regulated air contaminant not previously emitted, but does not include: (1) a change in ownership of the source ;

(2) routine maintenance, repair or replacement; (3) installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the boardor pursuant to the federal Clean Air Act; or

(4) unless previously limited by enforceable permit conditions; (a) an increase in the production rate, if such increase does not exceed the operating design capacity of the source;

(b) an increase in the hours of operation ; or (c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material, or ifuseof an alternate fuel or raw material is caused by any natural gas curtailment or emergencyallocation or any other lack of supply of natural gas;

IF]G
. "nonattainment area" means, for any air pollutant, an area which has been designated as a nonattainment area under section 107 ofthe federal act;

[G]H
. "operator" means the person or persons responsible for the overall operation of a facility; [H]I
. "owner" means the person or persons who owna facility or part of a facility; [I]J
. "part" means an air quality control regulation underTitle 20, Chapter 2of the New Mexico administrative code, unless otherwise noted; as adopted or amended by the board;

[J]K
. "portable stationary source" means a source whichcan be relocated to another operating site with limited

ismantling and reassembly, including for example but not limited to moveable sand andgravel processing operations and asphalt plants;

[K]L
. "potential emission rate" means the emission rate of a source at its maximum capacity to emit a regulated air contaminant under its physical and operational design, provided any physical or operational limitation on the capacity ofthe source to emit a regulated air contaminant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its physical and operational design only if the limitation or the effect it would have on emissions is enforceable by the department pursuant to the Air Quality ControlAct or the federal act;

[D]M . "potential to emit" means the maximum capacity ofastationary source to emit any air pollutant under its physical and operational design; any physical or operational limitation on the capacity ofa source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally enforceable; the potential to emit for nitrogen dioxide shall be based on total oxides ofnitrogen;

[M]N
. "regulated air contaminant" means[ ;] any air contaminant, the emission or ambient concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the federal act; [N]O
. "shutdown" means the cessation of operation ofanyair pollution control equipment, process equipmentor process for any purpose, except routine phasing out of batch process units;

[9]P. "stationary source" or "source" means any building, structure, equipment, facility, installation
20.2.73 NMAC 1(including temporary installations), operation or portable stationary source which emits or may emit any air

contaminant; any research facility maygroup its sources for the purpose of this part at the discretion of the secretary ofthe department ;

Q
. "WEB source" means a stationary source that meets the applicability requirements of 20.2 .81 .101 NMAC ; R "western backstop sulfur dioxide trading program" means 20.2.81 NMAC, triggered as a backstop in accordance with the provisions in the sulfur dioxide milestones and backstop trading progra implementation plan, ifnecessary, to ensure that regional sulfur dioxide emissions are reduced
. 

### 20.2.73.300 EMISSION INVENTORY REQUIREMENTS: A . Applicability
. The requirements of Section 300 this Part (20.2.73.300NMAC) apply to the owner or operator of any stationary source located outside ofBernalillo County which:

(1) has been issued a permit under Part 72 (20 .2.72 NMAC- construction permits) during any period oftime, except for toxic air pollutant permits issued under Part 72 (20 .2.72 NMAC), Sections 401 to 499 ; (2) is required to file a notice ofintent under Section 200of this part (20 .2.73.200 NMAC) ; or (3) emits in excess of 1 ton oflead or 10 tons oftotal suspended particulate, PM 10, sulfur dioxide, nitrogen oxides, carbon monoxide, or volatile organic compounds in anycalendar year including and subsequent to 1990. B

. Reporting requirements
. (1) Any source whichemits, or has the potential to emit, 5 tons per year or more of lead or lead compounds, or 100tons per year or more of PM,o, sulfur oxides, nitrogen oxides, carbon monoxide, or volatile organic compounds shall submit an emissions report annually
.

(2) Any source defined as a majorsource of hazardous air pollutants under Part 70 (20.2.70 NMAC
- operating permits) shall submit an emissions report annually
.

(3) Any source whichis located in an ozone nonattainment area and which emits, or has the potential to emit, 25 tons per year or more ofnitrogen oxides or volatile organic compounds shall submit an emissions report annually
. (4) Anysource which is not required by Paragraph (1), (2), or (3) of Subsection Bof this section (20 .2 .73.300 NMAC) to submit an emission report shall submit an emissions report under this part upon request by the department, but no more frequently than annually
.

(5) Except as provided in Paragraph (8) of Subsection B ofthis section (20 .2.73.300 NMAC), the department shall provide to the owner or operator required by this section (20 .2.73.300 NMAC) to submit an emissions report a complete copy ofthe most current emissions report for their stationary source whichis on file with the department
. The department shall provide this copy to the owner or operator at least 90 days prior to the date when the source is required to submit an emissions report .

(6) The owner or operator shall submit to the department a complete, correct and current emissions report in the format specified by thedepartment which reflects emissions during the previous calendar year
.

(7) Except as provided in Paragraph (8) of Subsection Bof this section (20 .2.73.300 NMAC) the owner or operator shall submit the emission report by April 1 of each year in which the source is required to submit an emission report .

(8) Sources for which a date for submitting an annual emission report is specified in a current operating permit issued under Part 70 (20 .2.70 NMAC- operating permits) shall submit such report on that date
. The department shall provide a copy of the previous emissions report upon request by the owner or operator of such source. C

. Content of emissions reports
. Emissions report contents shall include: (1) the name, address, and physical location ofthe stationary source; (2) the name and telephone number ofthe person to contact regarding the emissions report ; (3) a certification signed by the owner, or operator, or a responsible official as defined in Part 70 (20 .2.70 NMAC) attesting that the statements and information contained in the emissions report are true and accurate to the best knowledge and belief ofthe certifying official, and including the full name, title, signature, date of signature, andtelephone number of the certifying official ; for sources subject to Part 70 (20 .2 .70 NMAC), the certification shall be made as required under that part;

smelters shall submit an annual report of sulfur input, in tons/year; [(4)](5) for each emission point, as required by the department : (a) stack and exhaust gas parameters; (b) type of control equipment and estimated control efficiency;
20.2 .73 NMAC 2(c) schedule of operation ; (d) estimated actual emissions, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime oftotal suspended particulate, PMIo, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead in tons per year and a description of the methods utilized to make such estimates, including calculations;

(e) the annual process or fuel combustion rates; and (f) the fuel heat, sulfur, and ash content ; and [(-5)](6) all information required under the federal act. D . Additional content for emissions reports fromsources in ozone nonattainment areas. Emissions reports fromsources located in ozone nonattainment areas shall include, in addition to the contents specified by Subsection Cof this section (20 .2.73.300 NMAC), thefollowing information: (1) typical daily process rate during the peak ozone season, where the peak ozone season is specified by the department ; and

(2) estimated actual emissions of nitrogen oxides andvolatile organic compounds, which shall be reported: (a) for each emissions point; and

(b) for each process and fuel type contributing to emissions from each point; and (c) in units of tons per year for annual emissions; and (d) in units of pounds per day for a typical dayduring the peak ozone season. E. Waiver of reporting requirements for insignificant emissions
. The department may waive the requirements of Paragraph (4) of Subsection Cofthis section (20 .2.73.300 NMAC) for emissions whichthe department determines to be insignificant under Part 70 (20 .2.70 NMAC), except that: (1) for sources in nonattainment areas, reporting ofemissions of pollutants for whichthe area is nonattainment shall not be waived;

(2) reporting ofemissions for which reporting is required under the federal act shall not be waived
. F . Emission tracking requirements for sulfur dioxide emission inventories
. All stationary sources with actual emissions ofone hundred (100) tons peryear or more of sulfur dioxide in the year 2000, or in any subsequent year, shall submit an annual inventoryofsulfur dioxide emissions beginning with the 2003 emission inventory Asource that meets these criteria that then emits less than 100tons per year in a later year shall submit a sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western backs= sulfur dioxide trading program has been fully implementedand emission tracking has occurred under 20.2.81 .106 NMAC

. ) AllWEB sources will be subject to the following federally enforceable provisions: (a_) submit an annual inventory of sulfur dioxide emissions; (b) document the emissions monitoring/estimation methodology used, and demonstrate that the selected methodology is acceptable under the inventory program ; (c) include emissions fromstart up shut down, and upset conditions in the annual total inventory

: (d) use 40 CFRPart 75 methodology for reporting emissions for all sources subject to the federal acid rain prop

-ram ; (e)__ maintain all records used in the calculation of the emissions, including but not limited to the following: ii iii iv vi amount of fuel consumed, percent sulfur content of fuel and how the content was determined, quantity of product monitoring data, emissions monitoring data, oyerating data, and how the emissions are calculated; maintain records of any physical changes to facility operations or equipment, or any other changes that may affect the emissions projections ;

and (,g) retain records for a minimum of ten years fromthe date of establishment, or if the record was the basis for an adjustment to the milestone 5 years after the date of an implementation plan revision, whichever is longer
.

(2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 2018 to ensure that changes in emissions monitoring techniques can be tracked.

20.2.73 NMAC 3

### FILE0 YVITf-i STATE RECORDS CE ;tiTEF 

# NMAC TRANSMITTAL FORM 1 .24.10 NMAC [Sequence # Environmental Improvement Board c;.~h''~Y ;r.*r; ;~a ~~~?~~~:~'~!~2~5

;~

Repeal AM" 

### Name Tracy Hughes phone # (505) 827-2750 1 FAX 1 (505) 827-1628 E-mail tracy_hughes@nmenv.state.nm .us

New Amendment 

# 5-1 Renumber

### 10/05/04 

# 20h N0Y~ (7 laPl 9:02

Emergency 

### 12/31/04

Expand emissions inventory requirements to include PM2.5 and ammonia, allowthe department to require speciation of hazardous air pollutants, and correct a typographical error. 20.2.73.300 NMAC

No 11 Yes Public domain

# 0

741-8 NMSA 1978; Chapter 74, Article 2 NMSA 1978

SRC-2000-02 Crrarxvn

### FILED WITH STATE RECOIRDS C?=

.`r!TER 

# 2GA NOV 17 AH 9: 0 2 This is an amendment to 20.2 .73 NMAC, Section 300, effective December 31, 2004. 20.2.73.300 EMISSION INVENTORY REQUIREMENTS: A . Applicability
. Therequirements of 20.2.73.300 NMACapply to the owner or operator ofany stationary source located outside of Bernalillo county which:

(1) has been issued a permit under 20.2.72 NMAC (Construction Permits) during any period of time, except for toxic air pollutant permits issued under Sections 401 to 499 of20.2.72 NMAC ; (2) is required to file a notice of intent under 20.2 .73.200 NMAC ; or (3) emits in excess of 1 tonoflead or 10 tons of total suspended particulate, PM 10, PM2 .5, sulfur dioxide, nitrogen oxides, carbon monoxide, or volatile organic compounds in anycalendar year including and subsequent to 1990.

B . Reporting requirements
. (1) Any source whichemits, or has the potential to emit, 5 tons per year or more of lead or lead compounds, or 100tons per year or more of PM 10, PM2 .5, sulfur oxides, nitrogen oxides, carbon monoxide, or volatile organic compounds shall submit an emissions report annually
.

(2) Any source defined as a major source of hazardous air pollutants under 20.2.70 NMAC (Operating Permits) shall submit an emissions report annually
.

(3) Any source which is located in an ozone nonattainment area andwhich emits, or has the potential to emit, 25 tons peryear or more ofnitrogen oxides or volatile organic compounds shall submit an emissions report annually
. (4) Any source which is not required by Paragraph (1), (2), or (3) of Subsection Bof this section (20.2.73.300 NMAC) to submit an emission report shall submit an emissions report under this part upon request by the department, but no more frequently than annually
.

(5) Except as provided in Paragraph (8) of Subsection Bof this section (20 .2.73.300 NMAC), the department shall provide to the owner or operator required by this section (20 .2 .73.300 NMAC) to submit an emissions report a complete copy ofthe most current emissions report for their stationary source which is on file with the department
. The department shall provide this copy to the owner or operator at least 90 days prior to the date when the source is required to submit an emissions report .

(6) The owner or operator shall submit to the department a complete, correct andcurrent emissions report in the format specified by the department whichreflects emissions during the previous calendar year .

(7) Except as provided in Paragraph (8) of Subsection B ofthis section (20 .2.73.300 NMAC) the owner or operator shall submit the emission report by April 1 of each year in which the source is required to submit an emission report .

(8) Sources for which a date for submitting an annual emission report is specified in a current operating permit issued under 20.2.70 NMAC (Operating Permits) shall submit such report on that date
. The department shall provide a copy ofthe previous emissions report upon request by the owner or operator of such source. C

. Content of emissions reports. Emissions report contents shall include: (1) the name, address, and physical location of the stationary source; (2) the name and telephone number of the person to contact regarding the emissions report ; (3) a certification signed by the owner, or operator, or a responsible official as defined in 20.2 .70 NMACattesting that the statements and information contained in the emissions report are true and accurate to the best knowledge and belief of the certifying official, and including the full name, title, signature, date of signature, and telephone number of the certifying official ; for sources subject to 20.2.70 NMACthe certification shall be made as required under that part ;

(4) smelters shall submit an annual report of sulfur input, in tons/year; (5) for each emission point, as required by the department: (a) stack and exhaust gas parameters and location information; (b) type of control equipment and estimated control efficiency; (c) schedule of operation; (d) estimated actual emissions, includingfugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime of total suspended particulate, PM 10, PM2.5, ammonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead, and, ifrequested by the department, sneciated hazardous air pollutants, in tons peryear and a description of the methods utilized to make such estimates, including calculations;

(e) the annual process or fuel combustion rates; and
20.2.73 NMAC 1(f) the fuel heat, sulfur, and ash content; and (6) all information required under the federal act. D . Additional contentfor emissions reports fromsources in ozone nonattainment areas. Emissions reports fromsources located in ozone nonattainment areas shall include, in addition to the contents specified by Subsection Cof this section (20 .2.73.300 NMAC), the following information: (1) typical daily process rate during the peak ozone season, where the peak ozone season is specified by the department; and

(2) estimated actual emissions ofnitrogen oxides and volatile organic compounds, which shall be reported: (a) for each emissions point ;

(b) for each process and fuel type contributing to emissions fromeach point; (c) in units oftons per year for annual emissions; and (d) in units ofpounds per dayfor a typical day during the peak ozone season. E. Waiver of reporting requirements for insignificant emissions
. The department may waive the requirements ofParagraph [(4)] (5) of Subsection C of this section (20 .2.73.300 NMAC) for emissions which the department determines to be insignificant under 20.2.70 NMAC, except that :

(1) for sources in nonattainment areas, reporting of emissions ofpollutants forwhichthe area is nonattainment shall not be waived; and

(2) reporting of emissions for which reporting is required under the federal actshall not be waived
. F. Emission tracking requirements for sulfur dioxide emission inventories
. All stationary sources with actual emissions of one hundred (100) tons per year or more of sulfur dioxide in theyear 2000, or in any subsequent year, shall submit an annual inventory of sulfur dioxide emissions, beginning with the 2003 emission inventory
. A source that meets these criteria that then emits less than 100tons per year in a later year shall submit a sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western backstop sulfur dioxide trading programhas been fully implemented and emission tracking has occurred under 20.2 .81 .106 NMAC

. (1) All WEBsources will be subject to the following federally enforceable provisions: (a) submit an annual inventory of sulfur dioxide emissions; (b) document the emissions monitoring/estimation methodology used, and demonstrate that the selected methodology is acceptable under the inventory program ; (c) include emissions fromstart up, shut down, and upsetconditions in the annual total inventory; (d) use 40 CFRPart 75 methodology for reporting emissions for all sources subject to the federal acid rain program ; (e) maintain all records used in the calculation ofthe emissions, including but not limited to the following

: (i) amount of fuel consumed;

(ii) percent sulfur content of fuel and how the content was determined; (iii) quantity ofproduct monitoring data; (iv) emissions monitoring data; (v) operatingdata; and (vi) how

the emissions are calculated; (f) maintain records ofany physical changes to facility operations or equipment, or any other changes that may affect the emissions projections; and

(g) retain records for a minimum often years from

the date ofestablishment, or if the record wasthe basis for an adjustment to the milestone, five years after the date ofan implementation plan revision, whichever is longer
.

(2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 2018 to ensure that changes in emissions monitoring techniques can be tracked
.

20.2.73 NMAC 2

# Hearing Number State ofNew

Me .xico ENVIRONMENTDEPARTMENT I o osa Office oftheSecretary HaroldRunnels Building 1190St Francis Drive, P .O
. Box 26110 Santa Fe, New

Mexico 87502-6110 Telephone (505) 827-2855 BILL RIcHaRDS°N Fax (505) 827-2836 RONCURRY GOVERNOR SECRETARY DERRITHWATCHMAN MOORE DEPUTYSECRETARY 

### July 6, 2004 Ms. Gay Dillingham, Chair Environmental Improvement Board 1190 St
. Francis Drive Santa Fe, New

Mexico 87502 Re: Request for Public Hearing to Consider Proposed State Implementation Plan Revision=, Dear Ms
. Dillingham

: The NewMexico Environment Department is requesting a hearing for consideration of revision to 20.2.73 NMAC-Notice of Intent and Emissions Inventory Requirements, which is a part of the air quality State Implementation Plan
. The Department requests that this hearing be scheduled for the October meeting of the Board
. We are anticipating that this hearing will last approximately 2 hours
. A copy of the proposed regulatory revisions is attached to this letter
. The proposed revisions to Part 2 .73 will allowthe Department to meet U .S
. Environmental Protection Agency (EPA) emissions inventory requirements under the Consolidated Emissions Reporting Rule and the National Emissions Inventory Input Format . In addition, the revisions will allowthe Department to collect more specific data regarding Hazardous Air Pollutants
. Specifically, the Department is requesting the following revisions to Part 2.73: " Include PM2

.5 (particulate matter less than or equal to 2 .5 microns) in Sections 300 .A(3) 300

.B(1) and 300.C(5)(d)
. A National Ambient Air Quality Standard (NAAQS) for PM2.5 has been promulgated since the time that Part 2.73 w _ . ._ ted
. State emissions inventories are required to include all NAAQS pollutant " In Section 300

.C(5)(a), require location information for emissi technology for measuring point locations has become more refined, for reporting the location of emissions points have increased
. additional location information in modeling exercises
. " Include ammonia in Sections 300 .B(1) and 300

.C(5)(d)
. EPAnow

r ammonia emissions because this pollutant is a precursor to PM2 .5.

### Ms. GayDillingh

July 6, 2004 Page 2 Allow the Department to require information regarding emissions of individual (speciated) Hazardous Air Pollutants (HAP)
. Major sources (which emit more than 10 tons per year of any single HAPor 25 tons per year of total HAPs) currently report total HAP emissions rather than the emissions of specific HAPs. By allowing the Department the flexibility to require speciated reporting of HAPs, we will be able to gather and analyze information regarding the impacts fromspecific HAP emissions to better determine health risks throughout the state. In addition, the Department will be able to verify that HAP-specific emissions limitations are met. Thank you for your consideration of this request.

Enclosure cc: Clifford Stroud, Vice Chair, EIB

Gregory Green, Secretary, EIB Gwen Wardwell, Member, EIB Harold Tso, Member, EIB Dolores Herrera, Member, EIB Ken Marsh, Member, EIB Mary Smith, Attorney, EIB Sandra Ely, Bureau Chief, Air Quality Bureau

### STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD
PETITION FOR HEARINGON PROPOSED AMENDMENTS TO20.2.73 NMACNOTICE OF INTENTANDEMISSIONS INVENTORY REQUIREMENTS EIB04-05

NEW MEXICO ENVIRONMENT DEPARTMENT'S NOTICE OF INTENT TO PRESENT TECH NICAL TESTIMONY The New

Mexico Environment Department (NMED) submits this Notice of Intent to Present Technical Testimony in support ofthe above-referenced petition at the public hearing on October 5, 2004. l
. The person for whom the witnesses will testify
. The NMED

. 2. The name and qualifications of each technical witness
. Heather Lancour. Ms . Lancour is an Emissions Inventory Specialist for the Atmospheric Dispersion Modeling Section of the Air Quality Bureau. She has worked for the Air Quality Bureau since 1997. Ms. Lancour holds a B .S
. degree in Environmental Science and Management, Environmental Geology Concentration fromNew Mexico Highlands University. LanyWeaver . Ms. Weaver is an Environmental Analyst in the Control Strategies Section of the Air Quality Bureau. She has worked in the Air Quality Bureau since 1990 . Ms. Weaver holds a B.S
. degree in Mechanical Engineering fromthe University of California at Davis
. M Uhl : Ms. Uhl is the Manager ofthe Planning and Policy Section and has been with the Air Quality Bureau since 1992, starting as an Environmental Engineering Specialist doing

NOTICE OF INTENT - PAGE 1

### computer-based air dispersion modeling in support of permit issuance, regulation development

and enforcement actions
. In 1994, she was promoted to be the manager of themodeling section, and held that position until she was promoted to be manager of the Planning and Policy Section in 2001 . During her tenure with the Bureau, Ms. Uhl has completed over 500 dispersion modeling analyses for air pollution facilities in the state, developed a comprehensive New Mexico Air Dispersion Modeling Guideline, performedmodeling for streamline and general permit development and other regulations, testified as an expert witness in the area of air dispersion modeling in several court cases and many public hearings, and published and presented a peer-reviewed technical article discussing the conversion of oxides of nitrogen to nitrogen dioxide at the Annual Air and Waste Management Association meetings
. Mary is a cochair of the WRAP modeling forumand the WESTARTechnical Committee
. She is the project manager for the Farmington Ozone Study and the Corrales Air Toxics Study
. Ms. Uhl received her B.S
. with a math and chemistry major fromPurdue University in 1987. In 1989, Ms. Uhl completed her M

.S
. degree in Atmospheric Sciences at Purdue University
. 3. Whether the NMEDsupports or opposes the proposed revisions
. The NMEDsupports the proposed regulations and revisions. 4 . SummM

of testimony
. The testimony of Heather Lancour is attached as Exhibit 3. NMEDestimates that Ms. Lancour's testimonywill take approximately 30 minutes
. Ms. Weaver and Ms. Uhl will not present direct testimony, but will be available to answer questions regarding the proposed regulations
.

NOTICE OF INTENT - PAGE 2

### 5 . Alist and description of anticipated exhibits
. EXHIBIT NUMBER TITLE OF EXHIBIT NMED Exhibit 1 Proposed 20.2.73 NMAC (July 6, 2004) NMED Exhibit 2 Revised Proposed 20.2.73 NMAC NMED Exhibit 3 Direct Testimony of Heather Lancour NMEDExhibit 4 The U .S
. Environmental Protection Agency Regulations on Consolidated Emissions Reporting Requirements (40 CFRPart 51) NMED Exhibit 5 The U .S
. Environmental Protection Agency National Emissions Inventory Input Format - Point Sources, Revised November 2003 6 . Reservation of Rights
. This Notice of Intent to Present Technical Testimony is based on the NMED's petition
. The NMED reserves the right to call any person to testify and to present any exhibit in response to another notice ofintent or public comment filed in this matter or to any testimony or exhibit offered at the public hearing
. The NMEDalso reserves the right to call anyperson as a rebuttal witness and to present any exhibit in support thereof
. 

## Respectfully submitted, NEW MEXICO ENVIRONMENT DEPARTMENT



# -- Ashley C

. Schannauer Tracy Hughes Office of General Counsel New Mexico Environment Department 1190 St
. Francis Drive Santa Fe, New

Mexico 87502-6110 Telephone (505) 827-6891 Facsimile (505) 827-1628

NOTICE OF INTENT - PAGE 3

### 1

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 

# ORIGINAL STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD



### No . EIB 04-05 IN THE MATTER OF PROPOSED AMENDMENTS TO 20 .2 .73 NMAC - NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS

TRANSCRIPT OF PROCEEDINGS

BE IT REMEMBERED that on the 5th day of October, 2004, the above-entitled matter came on for hearing before the New Mexico Environmental Improvement Board, taken at the Dona Ana County Health Services Center, Room 1101, 1170 N . Solano, Las Cruces, New Mexico, at the hour of 4 :17 p .m. 

## 1

KATHY TOWNSEND COURT REPORTERS 

### 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606

## 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S


### For the Environmental Improvement Board : GAY DILLINGHAM, Chair CLIFFORD STROUD, Vice Chair GREGORY GREEN, Secretary GWEN WARDWELL HAROLD TSO DOLORES HERRERA MARY H . SMITH Assistant Attorney General Office of the Attorney General 111 Lomas Boulevard, Northwest Suite 300 Albuquerque, New Mexico 87102 For the New Mexico Environment Department : ASHLEY C
. SCHANNAUER Assistant General Counsel Office of General Counsel New Mexico Environment Department 1190 St
. Francis Drive Room N-4084 Santa Fe, New Mexico 87505

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X PAGE WITNESSES : HEATHER LANCOUR

Direct Examination by Mr
. Schannauer 8 HEATHER LANCOUR and MARY UHL

Cross Examination by the Board 16

E X H I B I T S MARKED/ADMITTED NME D: 1 . Proposed 20 .2 .73 NMAC, July 6, 2004, Draft 2 . Revised proposed 20 .2 .73 NMAC, September 16, 2004, Draft 3 . Direct Testimony of Heather Lancour on Behalf of the New Mexico Environment Department 4 . Federal Register, Vol
. 67, No . 111 5 . NEI Input Format - Point Sources

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS
. WARDWELL : This is a hearing in EIB Number 04-05 to consider amendments to 20 .2 .73 NMAC, Notice of Intent and Emissions Inventory Requirements .

Today is October 5th, 2004, and we are meeting in Room 1101 of the Dona Ana County Health Services Center in Las Cruces
.



### I am Gwen Wardwell, an Environmental Improvement Board member who has been designated as Hearing Officer in this matter .

The petitioner in this matter is the New Mexico Environment Department .

The Environmental Improvement Board is mandated by Section 74-1-8 .A .(4) of the Environmental Improvement Act to adopt rules regarding -- again, I believe it's air quality management .

Is there some way I can avoid reading the whole rest of it?

MS
. SMITH: No . MS
. WARDWELL : Okay
. This hearing will be conducted in accordance with the Board's rule-making procedures and in a fair and impartial manner so as to assure that the relevant facts are fully elicited and to provide a reasonable opportunity for all persons to be heard without making the hearing unreasonably lengthy or cumbersome or KATHY TOWNSEND COURT REPORTERS 

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 

### burdening the record with unnecessary repetition
. The Rules of Civil Procedure and Evidence shall not apply to this hearing
. As Hearing Officer, I will make such orders as may be necessary to preserve decorum and to protect the orderly hearing process
. To that end, I ask that all persons at this hearing please turn off all cell phones, pagers and beepers
.

The hearing shall proceed as follows : All testimony will be taken under oath
. As Hearing Officer, I will admit any relevant evidence unless I determine that the evidence is incompetent or unduly repetitious
.

Any person offering an exhibit shall provide an original to the Board administrator and a copy to each of the Board members and to its legal counsel, and shall also provide additional copies for persons attending the hearing
. If visual aids are used, legible copies must be submitted for the inclusion in the record
. Any person who wishes to make a brief opening statement before presentation of his testimony may do so . The petitioner will present direct testimony on the proposed rule amendments
.

Other persons who have filed a timely notice

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of intent to present technical testimony will present direct testimony in the order I establish
.



### If any other persons, including members of the public, wish to present testimony, those persons, in the order shown on the sign-up sheet, will present direct testimony on the proposed rules amendments .

If you wish to testify and have not yet signed in, please do so now . Any person who testifies is subject to cross-examination on the subject matter of his testimony and matters affecting his credibility
. The parties shall have the option of presenting the witnesses as a panel for the purposes of cross-examination .



### Cross-examination by the Board members and the Hearing Officer will be conducted at the conclusion of each presentation, followed by cross-examination by any other party .

Any person attending the hearing is entitled to conduct whatever cross-examination is required for a full and true disclosure of matters at issue in the hearing . As Hearing Officer, I may limit cross-examination to avoid harassment, intimidation, needless expenditure of time or undue repetition .

At the parties' discretion and if time permits, rebuttal testimony may be given at the KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conclusion of the public testimony in the same order as direct testimony .



### Any person who wishes to make a brief closing argument may do so at the conclusion of the hearing in the same order as the direct testimony
.

We will now proceed
. Will all persons who wish to testify at this hearing on behalf of the petitioner, New Mexico Environment Department, please stand so that the court reporter may administer the oath?

(HEATHER LANCOUR and MARY UHL were duly sworn or affirmed .) MS
. WARDWELL : Does the petitioner wish to make a brief opening statement?

MR . SCHANNAUER : Yes, very briefly
. The Department filed a notice of intent to present technical testimony
. We are presenting two witnesses today
. The primary witness will be Heather Lancour, to my immediate right, and Mary Uhl will be available to answer questions if there are any .

We prepared five exhibits which were all submitted with our notice of intent, and I'm assuming you all have copies of those
.

There's a proposed regulation, a revised proposed regulation with one very minor change to KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

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### correct a typographical error . There's the written testimony of Ms . Lancour . There is a copy of the federal regulation that these changes that we're proposing are in response to .

And there is another document which is a format, essentially, for the reporting of information under this emissions inventory, which Heather will explain
. With that as background, I'll just begin with the testimony of Ms . Lancour . HEATHER LANCOUR having been previously duly sworn or affirmed, was examined and testified as follows : DIRECT EXAMINATION BY MR . SCHANNAUER: 

### Q
. Ms . Lancour, could you please state your name for the record? A . Heather Lancour . 

### Q
. And by whom are you employed? A. By the New Mexico Environment Department Air Quality Bureau .

Q
. And what's your position with the Air Quality Bureau? A . I am an emissions inventory specialist
. Q
. What are your responsibilities in that

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 

### position?

A. I compile annual emissions inventory information that's required by both state and federal regulations
. Q
. And how long have you been in that position? A. Since September, 2003, however, I've been working with emissions inventory issues since 2001 .

Q
. And what is your educational background? A. I have a bachelor's of science in environmental science and management with an environmental geology concentration
. Q
. And what will you be testifying to today? A . The Department requests -- proposes amendments to 20 .2 .73 NMAC, that's the Notice of Intent and Emissions Inventory Requirements
. The proposed amendments will allow the Department to meet new US Environmental Protection Agency emissions inventory requirements, collect more specific data requiring hazardous air pollutants and to correct a typographical error . Q
. Have you prepared written testimony? A . Yes, I have
. Q
. Is that what's being submitted as Exhibit Number 3? A . Correct
.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q
. Can you explain what an emissions inventory is? A . Sure
. Annually -- annually, the Bureau collects information from facilities concerning their operational rates, information about where the facility is located, who the contact person is, what types of equipment they have there, information about the equipment, such as its stack parameters and its location, information about what it -- the emissions that it actually emitted over that previous year, as well as information about control devices, to name a few
. Q
. Are there federal requirements for emissions inventories? A . Yes, there are . There's the Consolidated Emissions Reporting Rule, which was finalized in 2003 . It specifies each piece of data that must be submitted from -- from a state to the USEPA in its annual report .

There's also the National Emissions Inventory Input Format, which is an electronic format that specifies the order of which the data must be reported, what type of data, if there's specific codes that must be included, both of which we're required to meet with
our submittals . 

### Q
. And the format that you just mentioned is

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 5?

A. Yes
. Q
. And the federal rule that you mentioned prior to that is Exhibit 4? A . Yes . 

### Q
. Does the emissions inventory have a purpose? What's the result of it? A . Sure
. The data that's collected and generated from an emissions inventory is used in modeling exercises
. It's used in tracking trends to measure emissions reductions
. It's used in regional planning such as for the regional haze rule and for nonattainment areas . Q
. And what is the Air Quality Bureau proposing 

### here?A . We're proposing to make five revisions to Part 73 . The first is to include the reporting of emissions of particulate matter with an aerodynamic

-- excuse me -- aerodynamic diameter equal to or less than 2 .5 micrometers
.

We would like to add the requirement of location information for emissions points, include the recording of ammonia emissions, authorize the Department to require information regarding emissions of KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

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### individual, or speciated, hazardous air pollutants, and to correct a typographical error .

Q
. What is the reason that you're proposing the inclusion of reporting for PM 2 .5? A . The EPA amended its reporting requirements for states under the Consolidated Emissions Reporting Rule in 2003 . The amendments added PM2.5 to the list of emissions that states must report to the EPA .



### EPA added PM

2.5 to its list of required pollutants because it recently established a national ambient air quality standard for PM 2 .5* In addition, PM 2 .5 is a major contributor to visibility impairment . Q
. Why does the Air Quality Bureau propose to require the location information for emissions points? A . As GPS technology -- that's global positioning systems technology -- has increased, and as we are better able to model the emissions that are emitted from facilities, EPA's requirements concerning the locations of these emissions units have increased . And, therefore, we need to incorporate those into our -- into Part 73 . Q
. Why does the Air Quality Bureau propose to include the reporting of ammonia? A. Again, the EPA amended the CERR in 2003, and this amendment added ammonia to the list of required KATHY TOWNSEND COURT REPORTERS 

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 emissions that must be submitted by states annually to the EPA
. Additionally, ammonia is a precursor to PM 2 .5 . Q
. Why is the Air Quality Bureau proposing to require information about speciated hazardous air pollutants? A. The Air Quality Bureau seeks the ability to require information regarding emissions of hazardous air pollutants individually, or speciated, because currently major sources -- those are sources that emit 10 tons per year of any single hazardous air pollutant, or a combination of hazardous air pollutants equal to 25 tons per year -- those major sources currently just report a total hazardous air pollutant
. They don't speciate, or give an individual number for each HAP .

What we're requesting is that instead of just getting the total hazardous air pollutant emissions, we actually get the individual emissions
. This will allow the Air Quality Bureau the flexibility to not only require the speciated HAPs, but to be able to analyze for specific HAPs emissions and to predict specific HAP concentrations to then determine health risks throughout the state . In addition, the Bureau will be able to verify the HAP-specific emissions limitations are met . KATHY TOWNSEND COURT REPORTERS 

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### Q
. And the changes that you're recommending are all outlined in our Exhibit Number 2, correct? A . Correct
. Q
. There's one more change that you're recommending, which is the correction of a typographical
error . A. That's correct . Q
. Could you explain to the Board where that correction needs to be made? A . Sure
. Q
. I'm looking at Exhibit Number 2 . 

### A. Sure
. It is -- yeah
. It is 2 .73, Section 300 -- excuse me . It's on page 5 of that exhibit
. And I think it might be easier just to explain what happened
. We're requesting this correction because when the -- when the EIB added a requirement for smelters to report sulfur content, under 300C .(4), and then renumbered what had been C .(4)4 to C .(5)5, the result of the change was that the reference in Section 300E to 300C .(4) became incorrect .

As a result, we would like to correct that so that Section 300E should refer to the correct Section 300C .(5)
. And that's marked with an underline and KATHY TOWNSEND COURT REPORTERS 

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 

### strike-out on page 4 -- 5 . MS
. DILLINGHAM : Page 5 . MS
. LANCOUR: Excuse me . Page 5 . Q
. (BY MR. SCHANNAUER) Are the emissions inventory regulations a part of the New Mexico State Implementation Plan? A . Yes . Q
. And are you recommending that the Board approve the revision to the State Implementation Plan which includes these changes that you're proposing today? A . Yes . Q
. Are there any final thoughts or recommendations that you have? A . Just that the Bureau respectfully requests that the EIB adopt the proposed revisions to 20 .2 .73 NMAC, Notice of Intent and Emissions Inventory Requirements
.

Q
. Thank you . 

### With that, the witnesses are available for questions
. MS
. WARDWELL : Board? Cross-examination?

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEATHER LANCOUR and MARY UHL



### having been previously duly sworn or affirmed, were examined and testified as follows : CROSS EXAMINATION BY THE BOARD:

MR. TSO: Madam Hearing Officer, members of the Board, regarding on page 2 of your direct testimony, page 2 under Proposal Overview, item III, going down to item 4) of that section, it says, "Authorize the Department to require information regarding emissions of individual (speciated) Hazardous Air Pollutants ."

How is mercury going to be included in this? MS
. LANCOUR : Mercury is a -- is a hazardous air pollutant, so it will be included .

MR. TSO: Okay
. That's all the questions I have . MS
. WARDWELL : Anybody else?

MR . STROUD : No, Madam Chair
. MS
. WARDWELL : I have one question
. 

### In 300B -- I think it's 300 -- B .(1), I don't
see ammonia in there
. It has the PM 2 .5 -- maybe I'm -- 

### do I have the right place?

MS
. LANCOUR : Good catch
. Right
. We wanted to add in -- include ammonia .

MS
. WARDWELL " Yeah, because it's included in KATHY TOWNSEND COURT REPORTERS 

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the other section, but not there
. MS
. HERRERA : We'll give you a raise, Gwen . MS
. WARDWELL : Yeah, right
. From zero to one . Okay
. Does anybody else want to ask questions while they're dealing with that?

MR. STROUD : It would be hard to follow that question
. MS
. HERRERA : No . Just to compliment you .

MR. GREEN: Really
. MS
. WARDWELL : I used to be an editor
. MS
. WEAVER: Am I still under oath? MS
. WARDWELL : No . Yes, you are . I'm sorry . Take
-- MR . GREEN : Not for this hearing
. (Discussion off the record .) MS
. LANCOUR : I'd like to correct myself, actually
. 300B .(1) actually states who is required to report, and it's my understanding that a facility that has the potential to emit 100 tons per year or more of ammonia would have already triggered the reporting 

### requirements under another pollutant
.

MS
. WARDWELL : So we don't need it there
. MS
. LANCOUR : So we do not need it there
. Thank you .

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS
. WARDWELL : Okay
. 

### Okay
. Nobody else has questions? MR. TSO: Madam Chair, Hearing Officer
. MS
. WARDWELL : Yes . MR . TSO: I have one more question . MS . WARDWELL : Oh, I'm sorry . MR. TSO: In your -- referring again to your testimony, on page 2, down at the bottom, you state something here that puzzles me . You say, "Ammonia is a precursor to PM 2 .5 . " I thought PM was particulate matter, and how does this translate?

MS
. LANCOUR : It is, actually
. PM 2 .5 does
-- does refer to particulate matter 2 .5 micrometers in diameter or less
. Ammonia is a precursor to PM 2 .5 because it's a visibility impairment pollutant
.



### Can you explain? MS
. UHL : I think actually ammonia emitted into the atmosphere can form through a chemical reaction to create small particulate matter, and that's what's at issue here
.

Is that -- MR . TSO: Okay
. That's not a chemical transformation .



### MS
. UHL : It actually can become a very small

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### diameter particulate matter in the atmosphere in combining with other things that are already in the atmosphere, so --

MR . TSO: Okay
. Thank you . MS
. WARDWELL : Well, let's see . We don't have -- do we have anybody else -- we have -- this is the Board
. Do we have anybody else in the room who signed up to provide nontechnical testimony or technical testimony? MS
. SMITH : No .

MS . WARDWELL : Do you want to present any rebuttal to anybody's rebuttal testimony?

MS
. SMITH : He has nothing to rebut
. MS
. WARDWELL : Brief closing argument? MR. SCHANNAUER: No, madam
. MS
. WARDWELL : The record of this public hearing is now closed
.



### (Proceedings adjourned at 4 :38 p .m .)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF NEW MEXICO ) ) ss . COUNTY OF BERNALILLO )

I, CHERYL ARREGUIN, the officer before whom the foregoing proceeding was taken, do hereby certify that the witnesses whose testimony appears in the foregoing transcript were duly sworn or affirmed ; that I personally recorded the testimony by machine shorthand ; that said transcript is a true record of the testimony given by said witnesses ; that I am neither attorney nor counsel for, nor related to or employed by any of the parties to the action in which this proceeding is taken, and that I am not a relative or employee of any attorney
or counsel employed by the parties hereto or financially interested in the action
.

NOTARY PUBLIC CCR License Number : 21 Expires : 12/31/04 My Commission Expires : 12/12/07

KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102

(505) 243-5018 - Fax (505) 243-3606TITLE 20 ENVIRONMENTAL PROTECTION CHAPTER2 AIRQUALITY (STATEWIDE) PART 73 NOTICE OF INTENT ANDEMISSIONS INVENTORYREQUIREMENTS 20.2.73.1 ISSUINGAGENCY: Environmental Improvement Board
. [ 11/30/95; 20.2.73.1 NMAC- Rn, 20NMAC 2.73.100 02/18/02] 20.2.73.2 SCOPE: All persons who own or operate asource or who intend to construct or modify a source. [11/30/95; 20.2.73.2 NIvIAC - Rn, 20NMAC 2.73.101 02/18/02] 20 .2.73.3 STATUTORY AUTHORITY : Environmental ImprovementAct, NMSA 1978, Section 74-1- 8(A)(4), andAir Quality ControlAct, NMSA 1978, Sections 74-2-1 et seq ., including specifically, Section 74-2- 7(A)(1) and (B)
. [11/30/95

; 20.2.73.3 NMAC - Rn, 20NMAC 2.73.102 02/18/02] 20.2.73.4 DURATION: Permanent. [11/30/95; 20.2.73.4 NMAC - Rn, 20NMAC 2.73.103 02/18/02] 20 .2.73.5 EFFECTIVE DATE: November 30, 1995 except where a later date is cited at theend of a section or paragraph

. [11/30/95, 10/O1/97; 20.2.73.5 NMAC- Rn, 20 NMAC 2.73.104 02/18/02] [The latest effective date of any section in this part is December 31, 2003.] 20.2.73.6 OBJECTIVE: The objective ofthis Part is to establish requirements for the submission ofcertain relevant information to ensure that the regulations and standards under the Air Quality Control Act and the Federal Actwill not be violated
. [11/30/95; 20

.2.73.6 NMAC - Rn, 20 NMAC2 .73.105 02/18/02] 20.2.73.7 DEFINITIONS: In addition to the terms defined in Part 2 (20 .2 .2 NMAC - defmitions), as used in this part: A . "air pollution control equipment" means any device, equipment, process or combination thereof the operation of whichwouldlimit, capture, reduce, confine, or otherwise control air contaminants or convert for the purposes of control anyair contaminant to another form, another chemical or another physical state; B . "commencement" means that an owner or operator has undertaken a continuous programof construction or modification; C
. "construction" means fabrication, erection, installation or relocation ofa stationary source, including but not limited to temporary installations and portable stationary sources; D . "emission report or inventory" means a listing, by source, of the amount of air pollutants discharged into the atmosphere of a community ; E. "fugitive emissions" arethose emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening; F. "modification" means any physical change in, or change in the method ofoperation of, a stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not include: (1) a change in ownership ofthesource;

(2) routine maintenance, repair or replacement ; (3) installation ofair pollutioncontrol equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose ofcomplyingwith regulations adopted by the board or pursuant to the federal Clean AirAct; or

(4) unless previously limited by enforceable permit conditions; (a) an increase in the production rate, if such increase does not exceed theoperating design capacity ofthe source;

(b) an increase in the hours ofoperation; or

20.2.73 NMAC DeEember- 34,~0a July 6 . 2004 - DRAFT 1



## EXHIBIT #1(c) use of an alternative fuel or raw material if, prior toJanuary 6, 1975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply ofnatural gas; G
. "nonattainment area" means, for any air pollutant, an area whichhas been designated as a nonattainment area under Section 107 ofthefederal act; H . "operator" means the person orpersons responsible for the overall operation of a facility; I . "owner" means the person or persons who owna facility or part of a facility; J. "part" means an air quality control regulation underTitle 20, Chapter 2of the New Mexico administrative code, unless otherwise noted; as adopted or amendedby the board ; K . "portablestationary source" means a source which can be relocated to another operating site with limiteddismantling and reassembly, including for example but not limited to moveable sand and gravel processing operations and asphalt plants; L . "potential emission rate" means theemission rate of asource at its maximum capacity to emit a regulated air contaminant under its physical and operational design, provided any physical or operational limitation on the capacity ofthe source to emit a regulated air contaminant, including air pollution control equipment and restrictions on hours ofoperation or on the type or amount of material combusted, stored or processed, shall be treated as part of its physical and operational design only if the limitation or the effect it would have on emissions is enforceable by the department pursuant to theAir Quality ControlAct or the federal act; M . "potential to emit" means the maximum capacity of a stationary source to emit anyair pollutant under its physical and operational design; any physical or operational limitation on the capacity of asource to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on thetype or amount of material combusted, stored, orprocessed, shall be treated as part of its design if the limitation is federally enforceable; the potential to emit for nitrogen dioxideshall be based on total oxides of nitrogen; N . "regulated air contaminant" means anyair contaminant, the emission or ambient concentration ofwhich is regulated pursuant to the New Mexico Air Quality Control Act or the federal act; O
. "shutdown" means the cessation of operationof anyair pollution control equipment, process equipment or process for any purpose, except routine phasing out ofbatch process units; - P . "stationary source" or "source" means any building, structure, equipment, facility, installation (including temporary installations), operationor portable stationary source which emits or mayemit any air contaminant ; any research'facility may group its sources for the purpose of this part at the discretion ofthe secretary of the department; Q
. "WEB source" means astationary source that meets theapplicability requirements of 20.2.81 .101 NMAC ; R "western backstop sulfur dioxide trading program" means 20.2.81 NMAC, triggered as a backstop in accordance with the provisions in the sulfur dioxide milestones and backstop trading program implementation plan, ifnecessary, to ensure that regional sulfur dioxide emissions are reduced . [11/30/95, 10/O1/97; 20.2.73.7 NMAC- Rn, 20 NMAC 2.73.107 & A, 02/18/02; A, 12/31/03] , 20.2.73.8 to 20

.2.73 .105 [RESERVED] 20.2.73.106 AMENDMENT ANDSUPERSESSION OF PRIORREGULATIONS: This Part amends and supersedes Air Quality Control Regulation ("AQCR") 703.1 - Notice ofIntent and Emissions Inventory Requirements last filed May 29, 1990, as amended ("AQCR 703.1 ")
. A . All references to AQCR703.1 in any other rule shall be construed as a reference to this Part . B . The amendmentand supersession ofAQCR 703.1 shall not affect any administrative orjudicial enforcement action pendingon the effective date ofsuch amendment nor the validity of any permit issued pursuant to AQCR703.1 . [11/30/95; 20.2.73.106 NMAC- Rn, 20 NMAC 2 .73.106 02/18/02] 20.2.73.107 to 20

.2.73.199 [RESERVED] 20.2.73.200 NOTICE OF INTENT: A . Applicability: (1) Any owner or operator intending to construct a new stationary source which has a potential emission rate greater than 10 tons peryear ofany regulated air contaminant or 1 ton per year of lead shall file a Notice of Intent with the Department . 20.2.73 NIb1AC T'' °^'b°r2' , 2003 July 6 . 2004 - DRAFT(2) Any owner or operator intending to modify astationary source which either prior to or following the modification has a potential emission rate greater than 10 tons peryear of any regulated air contaminant or 1 ton peryear oflead shall file a Notice of Intent with the Department .

(3) The requirements of Section 200ofthis Part [20 .2.73.200 NMAC] do not apply to stationary sources or modifications located in Bemalillo County
.

(4) The Notice of Intent shall be filed prior to the commencement of construction
. Construction shall not begin prior to issuance of awrittendetermination by the Department that a permit is not required, or ifa permit is required, prior to the issuance of the permit under Part 72, Part 74, or Part 79 [20 .2 .72, 20. .2.74 or 20.2.79 NMAC] B

. Contents of Notice: Notices of Intent shall be filed on forms famished by the Department, which shall be identical to the extent practicable, as those used for Part 72 [20.2.72 NMAC - Permits] and shall include: ' (1) The applicant's name and address, the person to contact regarding the application, and the name andaddress ofthe new

source or modification
. (2) The date of the application
. . (3) Adescription of the new facility or modification including all operations affecting air emissions
. (4) The anticipated operating schedule
. (5) Amap such as a 7.5 minute United States Geological Survey Topographic Quadrangle showing the location of the stationary source.

(6) The nature and quantities of any regulated air contaminants the new source or modification will emit, includingall calculations utilized to estimate emissions
.

(7) Adescription ofanyair pollution control device or method to be utilized, including the basis for the estimated control efficiency
.

(8) The stack andexhaust gas parameters for all emission points
. (9) Any other relevant information as the Department may reasonably require
. (10) Be signed under oath or affirmation by the operator, the owner, or an authorized representative, certifying to the best ofhis or her knowledge the truth ofall information submitted
. C
. Review

of Notice: Within thirty days fromthe date a notice is received, the Department shall reviewits content and by certified letter indicate to the applicant:

(1) The notice is incomplete and indicate specific additional material or clarification required; or (2) Apermit is not required andconstruction maycommence; or (3) Apermit is required before construction may commence. For this case, the Department will indicate whether theapplication is complete with respect to the requirements ofeach applicable permit regulation and specify additional material or clarification required if it is not complete
. D . Verification: In verifying information submitted in response to the requirements ofthis Part, the Department may:

(1) Enter at all reasonable times in or upon any private or public property, except private residences, whichthe Department has reasonable cause to believe is or will become a source of air contaminants contributing to airpollution; and

(2) Require the production of information relating to emissions which cause or contribute to air pollution, including the sampling of emissions in accordance with methods and at locations and intervals as may be prescribed by the Department. E. Notification Requirements: (1) The owner or operator of a portable stationary source shall notify the Department in writingof the date and site ofany relocation at least fifteen days prior to its occurrence.

(2) Any owner or operator of astationary source which will be shut down for a period of one year or more shall notify the Department in writing of the actual date of shut down within thirty days after the shut down occurs. (3) Any new owner or operator of a stationary source shall notify the Department within thirty days of assuming ownership of his or her name and address
. [11/30/95

; 20.20.73.200 NMAC - Rn, 20 NMAC 2.73.200-204 02/18/02] 20.2.73.201 to 20

.2.73.299 [RESERVED] 20 .2.73.300 EMISSION INVENTORY REQUIREMENTS: A . Applicability
. The requirements of Section 300this Part (20 .2.73.300 NMAC) apply to the owner or operator of any stationary source located outside of Bernalillo County which: 20.2 .73 NMAC f'°e°m'^°r 4' , 2n~~ July 6 . 2004 - DRAFT 3(1) has been issued a permit under Part 72 (20.2.72 NMAC- construction permits) during any period

oftime, except for toxic air pollutant permits issued under Part 72 (20 .2.72 NMAC), Sections 401 to 499 ; (2) is required to file a notice of intent under Section 200of this part (20 .2.73.200 NMAC) ; or (3) emits in excess of 1 tonof lead or 10 tons oftotal suspended particulate, PM,p, P1- sulfur dioxide, nitrogen oxides, carbon monoxide, or volatile organic compounds in anycalendar year including and subsequent to 1990

. B . Reporting requirements
. (1) Any source which emits, or has the potential to emit, 5 tons peryear or more oflead or lead compounds, or 100tons per year or more ofPMio_PMj_s, sulfur oxides, nitrogen oxides, carbon monoxide, or volatile organic compounds shall submit an emissions report annually.

(2) Any source defined as a major source ofhazardous air pollutants under Part 70 (20 .2.70 NMAC
- operating permits) shall submit an. emissions report annually
.

(3) Any source which is located in an ozone nonattainment area andwhich emits, or has the potential to emit, 25 tons peryear or more of nitrogen oxides or volatile organic compounds shall submit an emissions report annually
. (4) Any source which is not required by Paragraph (1), (2), or (3) of Subsection Bof this section (20 .2.73.300 NMAC)to submit an emission report shall submit an emissions report under this part upon request by thedepartment, but no more frequently than annually.

(5) Except as provided in Paragraph (8) of Subsection Bof this section (20 .2.73.300 NMAC), the department shall provide to the owner or operator required by this section (20 .2.73.300 NMAC) to submit an emissions report a complete copy of the most current emissions report for their stationary source which is on file with the department. Thedepartment shall provide this copy to theowner or operator at least 90 days prior to the date when the source is required to submit an emissions report .

(6) The owneror operator shall submit to the department a complete, correct and current emissions report in theformat specified by the department which reflects emissions during the previous calendar year.

(7) Except as provided in Paragraph (8) of Subsection Bofthis section (20 .2.73.300 N1vlAC) the owner or operator shall submit theemission report by April 1 ofeach year in which the source is required to submit an emission report . (8) Sources forwhich adate for submitting an annual emission report is specified in acurrent operating permit issued under Part 70 (20 .2.70 NMAC - operating permits) shall submit such report on that date
. The department shall provide a copy ofthe previous emissions report upon request by the owner or operator of such source. C
. Content of emissions reports. Emissions report contents shall include: (1) the name, address, and physical location ofthe stationary source; (2) the name and telephone number ofthe person to contact regarding the emissions report; (3) acertification signed by the owner, or operator, or a responsible official as defined in Part 70 (20 .2 .70 NMAC) attesting that the statements and information contained in the emissions report are true and accurate to the best knowledge and belief of the certifying official, and includingthe full name, title, signature, date of signature, and telephone number ofthecertifying official ; for sources subject to Part 70 (20 .2.70 NMAC), the certification shall be made as required under that part;

(4) smelters shall submit an annual report of sulfur input, in tons/year; (5) for each emission point, as required by the department : (a) stack and exhaust gas parameters and location information; (b) type of control equipment and estimated control efficiency; (c) schedule of operation ; (d) estimated actual emissions, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime of total suspended particulate, Mo . PNh ;. anunonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead
. and, if reAUested Uy the department speciated hazardous air pollutants, in tons per year and adescription of the methods utilized to make such estimates, including calculations;

(e) the annual process or fuel combustion rates; and (f) the fuel heat, sulfur, and ash content; and (6) all information required under the federal act. D . Additional content for emissions reports fromsources in ozone nonattainment areas. Emissions reports from sources located in ozone nonattainment areas shall include, in addition to the contents specified by Subsection Cof this section (20.2.73.300 NMAC), the following information:
20.2.73 NMAC Deeeniber 31,=_'~ July 6 . 2004- DRAFT(1) typical daily process rate during the peak ozone season, wherethe peak ozone season is specified by the department ; and

(2) estimated actual emissions ofnitrogen oxides andvolatile organic compounds, which shall be reported: (a) for each emissions point; and

(b) for each process and fuel type contributing to emissions from each point; and (c) in units of tons peryear for annual emissions; and (d) in units ofpounds per day for a typical_day during the peak ozone season. E. Waiver of reporting requirements for insignificant emissions
. The department maywaivethe requirements ofParagraph (4) of Subsection C of this section (20

.2.73.300 NMAC) for emissions which the department determines to be insignificant under Part 70 (20 .2 .70 NMAC), except that: (1) for sources in nonattainment areas, reporting ofemissions ofpollutants forwhich the area is nonattainment shall not be waived;

(2) reporting of emissions for whichreporting is required under the federal act shall not be waived
. F. Emission tracldng requirements forsulfur dioxide emission inventories
. All stationary sources with actual emissions ofone hundred (100) tons peryear or more of sulfur dioxide in the year 2000, or in any subsequent year, shall submit an annual inventory ofsulfur dioxide emissions, beginningwith the 2003 emission inventory
. Asource that meets these criteria that then emits less than 100tons peryear in a later year shall submit a sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western backstop sulfur dioxide trading programhas been fully implemented and emission tracking has occurred under 20.2.81 .106 NMAC

. (1) All WEBsourceswill be subject to the following federally enforceable provisions: (a) submit an annual inventory ofsulfur dioxide emissions; (b) document the emissions monitoring/estimation methodology used, and demonstrate that the selected methodology is acceptable under the inventory program ; (c) include emissions fromstart up, shut down, and upset conditions in the annual total inventory; (d) use 40 CFRPart 75 methodology for reporting emissions for all sources subject to the federal acid rain program ; (e) maintain all records used in the calculation ofthe emissions, including but not limited to the following: (i) amount offuel consumed, (ii) percent sulfur content offuel and how the contentwasdetermined, (iii) quantity ofproduct monitoring data, (iv) emissions monitoring data, (v) operatingdata, and (vi) how

the emissions arecalculated; (f) maintain records of any physical changes to facility operations or equipment, or any other changes that may affect the emissions projections; and

(g) retain records for a minimum often years from

the date of establishment, or ifthe record was the basis for an adjustment to the milestone, 5 years after the date of an implementation plan revision, whichever is longer
.

(2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 2018 to ensure that changes in emissions monitoring techniques can be tracked
. [11/30/95, 10/01/97; 2

.20.73.300 NMAC - Rn, 20 NMAC2 .73.300 - 304 02/18/02; A, 12/31/03] HISTORY OF 20.2.73 NMAC : Pre-NMAC History: The material in this part was derived fromthat previously filedwith the commission of public records - state records center and archives
. EIB/AQCR 703.1, Air Quality Control Regulation 703.1 - Notice ofIntent and Emissions Inventory Requirements, 5/29/90
. History of Repealed Material : [RESERVED] Other History:

20.2.73 NMAC Deeember31,-^_~^~^g July 6 . 2004- DRAFT 5EIB/AQCR 703.1, Air Quality Control Regulation 703.1 - Notice ofIntent and Emissions Inventory Requirements,

filed 5/29/90, was renumbered into firstversion of the New Mexico Administrative Code as 20 NMAC 2.73, Notice of Intent and Emissions Inventory Requirements, filed 10/30/95. 20 NMAC 2.73, Notice of Intent and Emissions Inventory Requirements, filed 10/30/95, was renumbered, reformatted, amended and replaced by 20.2.73 NMAC, Notice of Intent and Emissions Inventory Requirements, effective 02/18/02
.

20.2.73 NMAC pesepaber- 31, NA4July 6 . 2004 - DRAFT

### TITLE 20 ENVIRONMENTAL PROTECTION

CHAPTER2 AIR QUALITY (STATEWIDE) PART 73 NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS
20.2.73.1 ISSUINGAGENCY: Environmental Improvement Board
. [11/30/95; 20.2.73.1 NMAC- Rn, 20 NMAC 2 .73.100 02/18/02] 20.2.73.2 SCOPE: All persons who own or operate a source or who intend to construct or modify a source. [11/30/95; 20.2.73.2 NMAC- Rn, 20 NMAC 2 .73.10102/18/02] 20.2.73.3 STATUTORYAUTHORITY : Environmental ImprovementAct, NMSA 1978, Section 74-1- 8(A)(4), andAir Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2- 7(A)(1) and (B)
. 

### [11/30/95; 20.2.73.3 NMAC- Rn, 20NMAC2.73.102 02/18/02] 20.2.73.4 DURATION : Permanent . [11/30/95; 20.2.73.4 NMAC- Rn, 20 NNIAC2.73.103 02/18/02] 20.2.73.5 EFFECTIVE DATE: November 30, 1995 except where a later date is cited at the end of a section or paragraph

. [11/30/95, 10/O1/97; 20.2.73.5 NMAC- Rn, 20 NMAC 2.73.104 02/18/02] [The latest effective date of any section in this part is December 31, 2003.] 20.2.73.6 OBJECTIVE: The objective ofthis Part is to establish requirements for the submission of certain relevant information to ensure that the regulations and standards under the Air Quality Control Act and the Federal Act will not be violated
. [11/30/95; 20.2.73.6 NMAC- Rn, 20 N1vIAC 2 .73.105 02/18/02] 20.2.73.7 DEFINITIONS: In addition to the terms defined in Part 2 (20.2.2 NMAC- definitions), as used in this part : A . "air pollution control equipment" means any device, equipment, process or combinationthereof the operation of whichwould limit, capture, reduce, confine, or otherwise control air contaminants or convert for the purposes of control anyair contaminant to another form, another chemical or another physical state;

B . "commencement" means that an owner or operator has undertaken acontinuous programof construction or modification;

C
. "construction" means fabrication, erection, installation or relocation of a stationary source, including but not limited to temporary installations and portable stationary sources;

D . "emission report or inventory" means a listing, by source, of the amount of air pollutants discharged into the atmosphere ofa community;

E. "fugitive emissions" are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening;

F . "modification" means any physical change in, or change in the method of operation of, a stationary source whichresultsin an increase in the potential emission rate of any regulated air contaminant emitted by the source or whichresults in the emission of any regulated air contaminant not previously emitted, but does not include: (1) a change in ownership of the source;

(2) routine maintenance, repair or replacement; (3) installation ofair pollution control equipment, and all related process equipment and materials necessaryfor its operation, undertaken for the purpose of complying with regulations adopted by the board or pursuant to the federal CleanAirAct; or

(4) unless previously limited by enforceable permit conditions; (a) an increase in the production rate, if such increase does not exceed the operating design capacity ofthe source;

(b) an increase in the hours ofoperation; or

20.2.73 NMAC P°^°~^b°r" , 2003 F"d°' 2044 Sentember 16, 2004- DRAFT 

## EXHIBIT #2(c) use of an alternative fuel or raw material if, prior to January6, 1975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or anyother lack of supply ofnatural gas;

G
. "nonattainment area" means, for any air pollutant, an area which has been designated as a nonattainment area under Section 107 of the federal act; 

### H . "operator" means the person or persons responsible for the overall operation ofa facility; I . "owner" means the person or persons who own a facility or part of a facility; J. "part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico administrative code, unless otherwise noted; as adopted or amended by the board;

K . "portable stationary source" means a source whichcan be relocated to another operating site with limited dismantling and reassembly, including for example but not limited to moveable sand andgravel processing operations and asphalt plants;

L. "potential emission rate" means the emission rate of a source at its maximum capacity to emit a regulated air contaminant under its physical andoperational design, provided any physical or operational limitation on the capacity of the source to emit a regulatedair contaminant, includingair pollution control equipment and restrictions on hours of operation or on the type or amount ofmaterial combusted, stored or processed, shall be treated as part of its physical and operational design only if the limitation or the effect it would have on emissions is enforceable by the department pursuant to the Air Quality ControlActor the federal act;

M . "potential to emit" means the maximum capacity ofa stationary source to emit anyair pollutant under its physical and operational design; any physical or operational limitation on the capacity ofa source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operationor on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part of its design ifthe limitation is federally enforceable; the potential to emit for nitrogen dioxide shall be based on total oxides ofnitrogen;

N . "regulated air contaminant" means any air contaminant, the emission or ambient concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the federal act; O
. "shutdown" means the cessation ofoperation of any air pollution control equipment, process equipment or process for any purpose, except routine phasing out ofbatch process units; P . "stationary source" or "source" means any building, structure, equipment, facility, installation (including temporary installations), operation or portable stationary source which emits or mayemit any air con taminan t; any research facility maygroup its sources for the purpose ofthis part at the discretion of the secretary ofthe department;

Q
. "°VVEB source" means a stationary source that meets the applicability requirements of 20.2.8 1 .101 NMAC ; R "western backstop sulfur dioxide trading program" means 20.2.81 NMAC, triggered as a backstop in accordance with the provisions in the sulfur dioxide milestones and backstop trading program implementation plan, ifnecessary, to ensure that regional sulfur dioxide emissions are reduced . [11/30/95,10/01/97; 20.2.73.7 NMAC- Rn, 20 NMAC 2.73.107 &A, 02/18/02; A, 12/31/03] 20 .2.73.8 to 20

.2.73.105 [RESERVED] 20 .2.73.106 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and supersedes Air Quality Control Regulation ("AQCR") 703.1 - Notice ofIntent and Emissions Inventory Requirements last filed May 29, 1990, as amended ("AQCR 703.1")
. 

### A . All references to AQCR 703.1 in any other rule shall be construed as a reference tothis Part. B . The amendment and supersession of AQCR703.1 shall notaffect any administrative orjudicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR703.1 . [11/30/95; 20.2.73.106 NMAC- Rn, 20 NMAC 2.73.106 02/18/02] 20.2.73.107 to 20.2.73.199 [RESERVED] 20.2.73 .200 NOTICE OF INTENT: A . Applicability: (1) Anyowner or operator intendingto construct a new stationary source which has a potential emission rate greater than 10 tons per year of any regulatedair contaminant or 1 ton per year of lead shall file a Notice ofIntent with the Department. 

### 20.2.73 NMAC '-' '' 3' , 'nn' T"`°-~-~T September 16 2004- DRAFT 2(2) Any owner or operator intending to modify a stationary source which either prior to or following

the modification has a potential emission rate greater than 10 tons peryear of any regulated air contaminantor 1 ton per year oflead shall file a Notice ofIntent with the Department.

(3) The requirements of Section 200ofthis Part [20 .2.73.200 NMAC] do not applyto stationary sources or modifications located in Benalillo County
.

(4) The Notice ofIntent shall be filed prior to the commencement of construction
. Construction shall not begin prior to issuance of a written determination by the Department that a permit is not required, or ifa permit is required, prior to the issuance of the permit under Part 72, Part 74, or Part 79 [20 .2 .72, 20. .2 .74 or 20.2 .79 NMAC] B

. Contents of Notice: Notices ofIntent shall be filed on forms furnished by the Department, which shall be identical to the extent practicable, as those used for Part 72 [20.2.72 NMAC- Permits] andshall include:

(1) The applicant's name andaddress, the person to contact regarding the application, and the name and address ofthe new source or modification
. (2) The date ofthe application
. (3) Adescription of the new facility or modification including all operations affecting air emissions
. (4) The anticipated operating schedule
. (5) Amap such as a 7.5 minute United States Geological Survey Topographic Quadrangle showing the location ofthe stationary source.

(6) The nature andquantities of any regulatedair contaminants the new source or modification will emit, including all calculations utilized to estimate emissions
.

(7) Adescription of any air pollution control device or method to be utilized, including the basis for the estimated control efficiency
.

(8) The stack and exhaust gas parameters for all emission points
. (9) Any other relevant information as the Department may reasonably require. (10) Be signed under oath or affirmation by theoperator, the owner, or an authorized representative, certifying to the best ofhis or her knowledge the truth of all information submitted
. C
. Review

of Notice: Within thirty days from the date a notice is received, the Department shall reviewits content and by certified letter indicate to the applicant:

(1) The notice is incomplete and indicate specific additional material or clarification required; or (2) Apermit is not required and construction maycommence; or (3) Apermit is required before construction maycommence. For this case, the Department will indicate whether the application is complete with respect to the requirements of each applicable permit regulation and specify additional material or clarification required if it is not complete.

D . Verification: In verifying information submitted in response to the requirements ofthis Part, the Department may:

(1) Enter at all reasonable times in or upon any private or public property, except private residences, which the Department has reasonable cause to believe is or will become a source of air contaminants contributing to air pollution

; and (2) Require the production of information relating to emissions whichcause or contribute to air pollution, including the sampling of emissions in accordance with methods and at locations and intervals as may be prescribed by the Department .

E . Notification Requirements: (1) The owner or operator ofa portable stationary source shall notify the Department in writing of the date and site of any relocation at least fifteen days prior to its occurrence.

(2) Any owner or operator of a stationary source which will be shut down for a period ofone year or more shall notify the Department in writing ofthe actual date of shut down within thirty days after the shut down occurs. (3) Any new owner or operator of a stationary source shall notify the Department within thirty days of assuming ownership of his or her name and address
. [11/30/95; 20.20.73.200 NMAC- Rn, 20 NMAC 2.73.200-204 02/18/02] 20.2.73.201 to 20.2.73 .299 [RESERVED] 20.2.73.300 EMISSION INVENTORY REQUIREMENTS: A . Applicability
. The requirements of Section 300this Part (20.2.73.300 NMAC) applyto the owner or operator of any stationary source located outside ofBernalillo County which:
20.2.73 NMAC T'°e°m''°" 3', 209' 4~a4y 6, 2044- September lb, 2004- DRAFT 3(1) has been issued a permit under Part 72 (20 .2.72 NMAC- construction permits) during any period oftime, except for toxic air pollutant permits issued under Part 72 (20.2.72 NMAC), Sections 401 to 499 ; _ (2) is required to file a notice of intent under Section 200of this part (20 .2 .73.200 NMAC) ;,of=~~ (3) emits in excess of 1 ton of lead or 10 tons of total suspended particulate, PMIb, Pn1~- sulfur dioxide, nitrogen oxides, carbon monoxide, or volatile organic compounds in any calendar year inc ud:ing-and' subsequentto 1990.

B . Reporting requirements
. _ _ .._._, (1) Any source which emits, or has-tlie pote a

'Gp emit, 5 tons peryear or more oflead or lead compounds, or 100tons per year or more ofPMjoy PM ., -S, sulfur'oxides, nitrogen oxides, carbon monoxide, or volatile organic compounds shall submit an emis`sians-repzirtrannually.

(2) Any source defined as a major source ofhazardous air pollutants under Part 70 (20 .2.70 NMAC
- operating permits) shall submit an emissions report annually
.

(3) Any source which is located in an ozone nonattainment area and which emits, or has the potential to emit, 25 tons peryear or more ofnitrogen oxides or volatile organic compounds shall submit an emissions report annually
. .

(4) Anysource which is not required by Paragraph (1), (2), or (3) of Subsection Bof this section (20 .2.73.300 NMAC) to submit an emission report shall submit an emissions report under this part upon request by the department, but no more frequently than annually
.

(5) Except as provided in Paragraph (8) ofSubsection B ofthis section (20.2.73.300 NMAC), the department shall provide to the owner or operator required by this section (20 .2.73.300 NMAC) to submit an emissions report a complete copy of the most current emissions report for their stationary source which is on file with the department
. Thedepartment shall providethis copy to theowner or operator at least 90 days prior to the date when the source is required to submit an emissions report .

(6) The owner or operator shall submit to the department a complete, correct and current emissions report in the format specified by the department which reflects emissions during the previous calendar year.

(7) Except as provided in Paragraph (8) of Subsection Bof this section (20 .2.73.300 NMAC) the owner or operator shall submit the emission report by April 1 of each year in which the source is required to submit an emission report. (8) Sources forwhichadate for submitting an annual emission report is specified in a current operating permit issued under Part 70 (20.2.70NMAC- operating permits) shall submit such report on that date
. The department shall provide a copy of the previous emissions report upon request by theowneror operator of such source.

C
. Content of emissions reports. Emissions report contents shall include: (1) the name, address, and physical location ofthe stationary source; (2) the name andtelephone number ofthe person to contact regarding the emissions report; (3) a certification signed by the owner, or operator, or a responsible official as defined in Part 70 (20 .2.70NMAC) attesting that the statements and information contained in the emissions report aretrue and accurate to the best knowledge and belief ofthe certifying official, and including the full name, title, signature, date of signature, and telephone number ofthe c rtifying official ; for sources subject to Part 70 (20 .2.70 NMAC), the certification shall be made as required unde~that part;

(4) smelters shall submit an annual report of sulfur input, in tons/year; (5) - for each emission point, as required by the department: (a) stack and exhaust gas parameters and location information; (b) type of control equipment and estimated control efficiency; (c) schedule of operation; (d) estimated actual emissions, including fugitive emissions andemissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime of total suspended particulate, PM,o, PM, S
. ammonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead and if rectuested b~the department speciated hazardous air pollutants. in tons per year and adescription ofthe methods utilized to make such estimates, including calculations;

(e) the annual process or fuel combustion rates; and (f) the fuel heat, sulfur, and ashcontent ; and 

### (6) all information required under the federal act. D . Additional content for emissions reports fromsources in ozone nonattainment areas. Emissions reports from sources located in ozone nonattainmentareas shall include, in addition to thecontents specified by Subsection Cof this section (20 .2.73.300 NMAC), the following information: 

### 20_2.73 NMAC 4

### (1)
. typical daily process rate during the peak ozone season, where the peak ozone season is specified

by the department; and

(2) estimated actual emissions ofnitrogen oxides andvolatile organic compounds, which shall be reported: (a) for each emissions point; and

(b) for each process andfuel type contributing to emissions fromeach point ; and (c) in units of tons per year for annual emissions; and (d) in units ofpounds per day for a typical day during the peak ozone season. E. Waiver of reporting requirements for insignificant emissions
. The department may waive the requirements of Paragraph {4)-~ofSubsection Cofthis section (20 .2.73.300 NMAC) for emissions which the department determines to be insignificant under Part 70 (20 .2 .70 NMAC), except that : (1) for sources in nonattainmentareas, reporting of emissions of pollutants forwhichthe area is nonattainment shall not be waived;

(2) reporting of emissions for which reporting is required under the federal act shall not be waived
. F. Emission tracking requirements for sulfur dioxide emission inventories
. All stationary sources with actual emissions ofone hundred (100) tons per year or more of sulfur dioxide in theyear 2000, or in any subsequent year, shall submit an annual inventory of sulfur dioxide emissions, beginning with the 2003 emission inventory

. A source that meets these criteria that then emits less than 100 tons per year in a later year shall submit a sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western backstop sulfur dioxide trading program has been fully implemented and emission tracking has occurred under 20.2.81 .106 NMAC

. (1) All WEB sources will be subject to the following federally enforceable provisions: (a) submit an annual inventory ofsulfur dioxide emissions; (b) document the emissions monitoring/estimation methodology used, anddemonstrate that the selected methodology is acceptable under the inventory program ; (c) include emissions fromstart up, shut down, and upsetconditions in the annual total inventory; (d) use 40 CFRPart 75 methodology for reporting emissions for all sources subject to the federal acid rain program ; (e) maintain all records used in the calculation ofthe emissions, including but not limited to thefollowing: 

### (i) amount of fuel consumed, (ii) percent sulfur content offuel and how the content was determined, (iii) quantity of product monitoring data, (iv) emissions monitoring data, (v) operating data, and 

### (vi) how

the emissions are calculated; (f) maintain records ofany physical changes to facility operations or equipment, or any other changes that mayaffect the emissions projections; and

(g) retain records for a minimum oftenyears fromthe date of establishment, or ifthe record was the basis for an adjustment to the milestone, 5 years after the date of an implementation plan revision, whichever is longer
.

(2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until theyear 2018 to ensure that changes in emissions monitoring techniques can be tracked
. 

### [11/30/95, 10/O1/97; 2.20.73.300 NMAC- Rn, 20 NMAC2.73.300 - 304 02/18/02; A, 12/31/03] HISTORY OF 20.2.73 NMAC : Pre-NMAC History

: The material in this part was derived from that previously filed with the commission of public records - state records center and archives
. EIB/AQCR 703.1, Air Quality Control Regulation 703.1 - Notice of Intent and Emissions Inventory Requirements, 5/29/90
. Historyof Repealed Material : [RESERVED] Other History

:

20.2.73 NMAC n°^°^°~e" 31, 2093 ;qly 6;-290 .a- September 16, 2004- DRAFT 5EIB/AQCR 703.1, Air Quality Control Regulation 703.1 - Notice of Intent and Emissions Inventory Requirements,

filed 5/29/90, was renumbered into first version of the New MexicoAdministrative Code as 20 NMAC 2 .73, Notice ofIntent and Emissions Inventory Requirements, filed 10/30/95. 20 NMAC 2

.73, Notice of Intent and Emissions Inventory Requirements, filed 10/30/95, was renumbered, reformatted, amended and replaced by 20.2.73 NMAC, Notice of Intent and Emissions Inventory Requirements, effective 02/18/02
.

20.2.73 NMAC T'°^°~'''°" ",'n0 r"'"-'- September 16 2004- DRAFT

### STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD PETITION FORHEARING, PROPOSED AMENDMENTS TO20.2.73 NMAC - EIB 04-05 NOTICE OF INTENTANDEMISSIONS INVENTORYREQUIREMENTS DIRECT TESTIMONY OF HEATHER LANCOUR ON BEHALF OF THE NEW MEXI COENVIRONMENT DEPARTMENT I . OVERVIEW

OF DEPARTMENT'S PROPOSAL The Air Quality Bureau (AQB) proposes amendments to 20.2.73 NMAC - Notice of Intent and Emissions Inventory Requirements
. The proposed amendments will allow the Department to meet U

.S
. Environmental Protection Agency (EPA) emissions inventory requirements, collect more specific data regarding Hazardous Air Pollutants, and correct a typographical error. The September 16, 2004 revised draft of 20.2.73 NMAC - Notice ofIntent and Emissions Inventory Requirements, including proposed revisions, is NMEDExhibit Number 2 . It replaces the July 6, 2004draft (NMEDExhibit Number 1), which was issued for public comment. The sole difference between the two documents is the inclusion of the typographical correction, which is discussed below in section IV. II . OVERVIEW

OF THE AQBEMISSIONS INVENTORY The AQBconducts annual, statewide emissions inventories under 20.2.73 NMAC- Notice of Intent andEmissions Inventory Requirements (Part 73)
. Anemissions inventory is acompilationof permitted sources and their operational data
. The AQB is required to submit an annual emissions inventory to the EPA . EPAregulates states' emissions inventory submittals in the Consolidated Emissions Reporting Rule (CERR)
. The CERR lists data elements that must be included for each facility, as well as which pollutants the reporting agency must include in its emissions inventory
. EPAfinalized the CERR in June 2003. The CERRis NMEDExhibit Number 4 . The National Emissions Inventory Input Format (NIF) is a reporting format that states use to submit their emissions inventories to the EPA. The NIF specifies the format of each required data element in the emissions inventory
. The NIF was revised in November 2003. The NIF is NMED Exhibit Number 5.
LANCOURDIRECT TESTIMONY - PAGE 1 

### EXHIBIT #3

### The emissions inventory is used to develop planning tools, provide data for air dispersion

modeling, measure progress in reducing emissions, and to provide input for air quality management projects, such as regional haze and non-attainment areas. The emissions inventory is also used to track air qualitytrends
. III . PROPOSAL OVERVIEW The AQBproposes the following revisions to Part 73: 

## 1) Include the reporting of emissions of particulate matter with an aerodynamic diameter equal to or less than 2.5 micrometers (PM2.5)
. This affects Sections 300.A(3) 300.B(1) and 300.C(5)(d)
. 2) Require location information for emissions points in Section 300 .C(5)(a)
. 

## 3) Include the reporting of emissions of ammonia
. This affects Sections 300.B(1) and 300.C(5)(d)
. 4) Authorize the Department to require information regarding emissions of individual (speciated) Hazardous Air Pollutants (HAPs) . 5) Correct a typographic error in Section 300.E. 

## IV. PROPOSAL DETAILS 1) Include emissions of particulate matter with an aerodynamic diameter equal to or less than 2

.5 micrometers (PM2.5) in Sections 300 .A(3) 300

.B(1) and 300

.C(5)(d)
. The EPA amended its reporting requirements for states under the CERR in 2003. The amendments added PM2 .5 to the list of emissions that states must report to the EPA . EPA added PM2 .5 to its listbecauseit recently established a National AmbientAirQuality Standard (NAAQS) for PM2 .5. State emissions inventories arerequired to include all NAAQSpollutants
. PM2 .5 is also a major contributor to visibility impairment
. 

## 2) Require location information for emissions points in Section 300.C(5)(a) The AQBseeks to add location informationrequirements to Part 73 because as technology for measuring point locations has become more refined, NIF requirements for reporting the location of emissions points have increased. EPAwill use the additional location information in national modeling analyses for federal rulemaking. 3) Include ammonia emissions in Sections 300 .B(1) and 300

.C(5)(d)
. The EPA amended its reporting requirements for states under the CERR in 2003. The amendments added ammonia to the list of emissions that states must report to the EPA . Ammonia is a precursor to PM2.5.
LANCOUR DIRECT TESTIMONY- PAGE 2

### 4) Authorize the Department to require information regarding emissions of

individual (speciated) Hazardous Air Pollutants (HAPs) The AQBseeks the ability to require information regarding emissions ofindividual (speciated) HAPs. Major sources (which emit more than 10tons per year of any single HAPor 25 tons per year oftotal HAPs) currently report total HAP emissions rather than the emissions of individual HAPs . By allowing the AQBthe flexibility to require speciated reporting ofHAPs, the AQBwill be able to analyze specific HAP emissions and predict specific HAP concentrations to determine health risks throughout the state. In addition, the AQBwill be able to verify that HAP-specific emissions limitations are met. 5) Correct a typographic error that was created when the regulation was revised for regional haze
. The AQBrequests the correction of a typographic error that resulted when the EIB added arequirement for smelters to report sulfur content under Section 300 .C(4) and renumbered what had been C(4) to C(5)
. As a result ofthese changes, the reference in Section 300 .E to 300

.C(4) became incorrect
. Section 300 .E should now

refer to 300

.C(5)
. This change was inadvertently omitted fromthe text ofthe proposed regulations in NMED Exhibit Number 1 and is being included in the revised draft attached as NMEDExhibit Number 2 . V . CONCLUSION The AQBrespectfully requests that the EIB adopttheproposed revisions to 20.2.73 NMAC - Notice ofIntent and Emissions Inventofy Requirements
. VI . BACKGROUND OF THE WITNESS Heather Lancour is the Emissions Inventory Specialist for the Atmospheric Dispersion Modeling Section oftheAir Quality Bureau. She has worked fortheAirQuality Bureau since 1997. Shebeganassistingwith the Department's emissions inventory in 2001 and startedworkingfull-time on inventory issues in May 2002. She became the Department's Emissions Inventory Specialist in September 2003
. Ms. Lancour holds a B.S
. degree in Environmental Science and Management, Environmental Geology Concentration fromNew Mexico Highlands University
.

LANCOURDIRECT TESTIMONY - PAGE 3Federal Register/Vol
. 67, No. ill/Monday, June 10, 2002/Rules and R egulations implications" is defined in the Executive Order to include regulations that have "substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes," This final rule does'not have tribal implications
. It will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. The Tribal Authority Rule means that Tribes cannot be required to report their emissions to us . Thus, Executive Order 13175 does not apply to this rule, j
. Executive Order 13211 : Actions Concerning Regulations That SignificantlyAffect Energy Supply, Distribution, or Use This rule is not a "significant energy action" as defined in Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" (66 FR 28355 (May 22, 2001)) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. This rule defines the requirements for the reporting of emission inventories by State and local agencies to EPA. We do not believe that this rule will effect the supply, production, availability, cost or use on energy in the United States
. Further, we have concluded that this rule is not likely to have any adverse energy effects
. K . Congressional Review Act The Congressional Review Act, 5 U.S .C
. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this rule and other required information to the U.S
. Senate, the U .S
. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register
. A Major rule cannot take effect until 60 days after it is published in the Federal Register
. This action is not a "major rule" as defined by 5 U

.S .C
. 804(2)
. This rule will become effective 60 days after it is published in the Federal Register
. List of Subjects in 40 CFR Part 51 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements
. Dated: May 23, 2002

. Christine Todd Whitman, Administrator
. For the reasons stated in the preamble, title 40, chapter I, of the Code of Federal Regulations is amended as follows: PART 51-[AMENDED] 1 . The authority citation for part 51 continues to read as follows: Authority

: 23 U .S.C
. 101 ; 42 U

.S.C . 7401- 7671q. 2. Part 51 is amended by adding subpart A to read as follows: Subpart A-Emission Inventory Reporting Requirements General Information for Inventory Preparers Sec
. 51 .1 Whois responsible for actions described in this subpart? 51 .5 What tools are available to help prepare and report emissions data? 51 .10 How

does my State report emissions that are required by the NOx SIPCall? Specific Reporting Requirements 51 .15 What data does my State need to report to EPA? 51 .20 What are the emission thresholds that separate point and area sources? 51 .25 What geographic area must my State's inventory cover? 51 .30 When does my State report the data to EPA? 51 .35 How

can my State equalize the effort for annual reporting? 51 .40 In what form should my State report the data to EPA? 51 .45 Where should my State report the data? Appendix A to Subpart A of Part 51-Tables and Glossary Appendix B to Subpart Aof Part 51 [Reserved] Subpart A-Emission Inventory Reporting Requirements General Information for Inventory Preparers §51 .1 Who is responsible for actions described in this subpart? State agencies whose geographic coverage include any point, area, mobile, or biogenic sources must inventory these sources and report this information to EPA. §51 .5 What tools are available to help prepare and report emissions data? We urge your State to use estimation procedures described in documents 39611 from the Emission Inventory Improvement Program(EIIP)
. These procedures are standardized and ranked according to relative uncertainty for each emission estimating technique
. Using this guidance will enable others to use your State's data and evaluate its quality and consistency with other data
. §51 .10 How

does my State report emissions that are required by the NOx SIP Call? The States and the District of Columbia that are subject to the NOx SIP Call (§ 51 .121) should report their emissions under the provisions of § 51 .122. To avoid confusion, these requirements are not repeated here
. Specific Reporting Requirements §51 .15 What data does my State need to report to EPA? (a) Pollutants
. Report actual emissions of the following (see Glossary to Appendix A to this subpart for precise definitions as required) : (1) Required Pollutants: (i) Sulfur oxides. (ii) VOC, (iii) Nitrogen oxides
. (iv) Carbon monoxide. (v) Lead and lead compounds
. (vi) Primary PMz_5. (vii) Primary PMIO

. (viii) NH3

. (2) Optional Pollutant: (i) Primary PM

. (ii) [Reserved] (b) Sources
. Emissions should be reported fromthe following sources: (1) Point. (2) Area. (3) Onroad mobile
. (4) Nonroad mobile
. (5) Biogenic. (c) Supporting information
. Report the data elements in Tables 2a through 2d of Appendix A to this subpart
. Depending on the format you choose to report your State data, additional information not listed in Tables 2a through 2d will be required

. We may ask you for other data on a voluntary basis to meet special purposes. (d) Confidential data
. We don't consider the data in Tables 2a through 2d of Appendix A to this subpart confidential, but some States limit release ofthis type of data. Any data that you submit to EPA under this rule will be considered in the public domain and cannot be treated as confidential
. If Federal and State requirements are inconsistent, consult your EPA Regional Office for a final reconciliation
. § 51 .20 What are the emission thresholds that separate point and area sources? (a) All anthropogenic stationary sources must be included in your



## EXHIBIT #439612 Federal Register/ Vol
. 67, No. 111 /Monday, June 10, 2002 /Rules and Regulations

inventory as either point or area sources. (b) See Table 1 of Appendix Ato this subpart for minimum

reporting thresholds on point sources. (c) Your State has two alternatives to the point source reporting thresholds in paragraph (b) of this section : (1) You may choose to define point sources by the definition of a major source used under CAATitle V, see 40 CFR 70.2. (2) If your State has lower emission reporting thresholds for point sources than paragraph (b) of this section, then you may use these in reporting your emissions to EPA. (d) All stationary sources that have actual emissions lower than the thresholds specified in paragraphs (b) and (c) of this section, should be reported as area sources. §51 .25 What geographic area must my State's inventory cover? Because of the regional nature of these pollutants, your State's inventory must be statewide, regardless of an area's attainment status. § 51 .30 When does my State report the data to EPA? Your State is required to report two basic types of emission ininentories to us: Annual Cycle Inventory; and Threeyear Cycle Inventory. ' (a) Annual cycle, You are required to report annually data fromType A (large) point sources. Except as provided in paragraph (e) of this section, the first annual cycle inventory will be for the year 2001 and must be submitted to us within 17 months, i .e., by June 1, 2003. Subsequent annual cycle inventories will be due 17 months following the end of the reporting year . SeeTable 2a of Appendix A

to this subpart for the specific data elements to report annually
. (b) Three-year cycle
. You are required to report triennially, data for Type B (all) point sources, area sources and mobile sources. Except as provided in paragraph (e) of this section, the first three-year cycle inventory will be for the year 2002 and must be submitted to us within 17 months, i .e., by June 1, 2004. Subsequent three-year cycle inventories will be due 17 months following the end of the reporting year . See Tables 2a, 2b and 2c of Appendix A to this subpart for the specific data elements that must be reported triennially
. (c) NOX SIP call
. There are specific annual and three-year reporting requirements for States subject to the NOx SIP call
. See § 51 .122 for these requirements. (d) Biogenic emissions
. Biogenic emissions are part of your 3-year cycle inventory
. Your State must establish an initial baseline for biogenic emissions that is due as specified under paragraph (b) of this section

. Your State need not submit more biogenic data unless land
- use characteristics or the methods for estimating emissions change substantially
. If either of these changes, your State must report the biogenic emission data elements shown in Table 2d of Appendix Ato this subpart
. Report these data elements 17 months after the end of the reporting year . (e) Point Sources
. States must commence reporting point source emissions of PM2.s and NH3 on June 1, 2004 unless that date is less than 60 days after EPA publishes an approved Information Collection Request (ICR) addressing this section of the rule
. If EPAfails to publish an approved ICR 60 days in advance of June 1, 2004, States must commence reporting point source emissions of PMZS and NH3 on the next annual or triennial reporting date (as appropriate) that is at least 60 days after EPA publishes an approved ICR addressing this section
. § 51 .35 How

can my State equalize the effort for annual reporting? (a) Compiling a 3-year cycle inventory means much more effort every three years. As an option, your State may ease this workload spike by using the following approach: (1) Annually collect and report data for all Type A (large) point sources (This is required for all Type Apoint sources)
. (2) Annually collect data for one-third of your smaller point sources (Type B point sources minus Type A (large) point sources)
. Collect data for a different third of these sources each year so that data has been collected for all of the smaller point sources by the end of each three-year cycle. You may report these data to EPA annually, or as an option you may save three years of data and then report all of the smaller point sources on the three-year cycle due date
. (3) Annually collect data for one-third of the area, nonroad mobile, onroad mobile and, ifrequired, biogenic sources. You may report these data to EPAannually, or as an option you may save three years of data and then report all of these data on the three-year cycle due date
. (b) For the sources described in paragraph (a) of this section, your State will therefore have data from three successive years at any given time, rather than fromthe single year in which it is compiled
. (c) Ifyour State chooses the method of inventorying one-third ofyour smaller point sources and 3-year cycle area, nonroad mobile, onroad mobile sources each year, your State must compile each year of the three-year period identically. For example, if a process hasn't changed for a source category or individual plant, your State must use the same emission factors to calculate emissions for each year of the three-year period
. Ifyour State has revised emission factors during the three years for a process that hasn't changed, resubmit previous year's data using the revised factor
. If your State uses models to estimate emissions, you must make sure that the model is the same for all three years
. (d) If your State chooses the method of inventorying one-third ofyour smaller point sources and 3-year cycle area, nonroad mobile, onroad mobile sources each year and reporting themon the 3-year cycle due date, the first required date for you to report on all such sources will be June 1, 2004 as specified in § 51 .25. You can satisfy the 2004 reporting requirement by either: Starting to inventory one third of your sources in 2000; or doing a one-time complete 3-year cycle inventory for 2002, then changing to the option of inventorying one third ofyour sources for subsequent years. (e) If your State needs a new reference year emission inventory for a selected pollutant, your State can't use these optional reporting frequencies for the new reference year. () Ifyour State is a NOx SIP call State, you can't use these optional reporting frequencies for NOx SIP call reporting
. § 51 .40 in what formshould my State report the data to EPA? You must report your emission inventory data to us in electronic form
. We support specific electronic data reporting formats and you are required to report your data in a format consistent with these
. Because electronic reporting technology continually changes, contact the Emission Factor and Inventory Group (EFIG) for the latest specific formats
. You can find information on the current formats at the following Internet address: http://wwtit .epa,gov/ttn/chief. You may also call our Info CHIEF help desk at (919) 541-1000 or email to info
.chief®epa.gov. §51 .45 Whereshould my State report the data? (a) Your State submits or reports data by providing it directly to EPA . (b) The latest information on data reporting procedures is available at theFederal Register/Vol

. 67, No. 111/Monday, June 10, 2002/Rules and Regulations

following Internet address: http:// www .epa .gov/ttn/chief
. You mayalso call our Info CHIEF help desk at (919)541-1000 or email to info.chiefQepa .gov. 39613 Appendix A to Subpart A of Part 51- Tables and Glossary
TABLE 1 .-MINIMUMPOINT SOURCE REPORTING THRESHOLDS BY POLLUTANT(tPY')

Pollutant 1 . SOx
. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .---- . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . .. 2 . VOC
. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. VOC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . VOC
. . . . . . . . . . .. . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . 5. VOC . . . . . . . . . . .. . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . NOX
. . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. CO
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . CO
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . 9 . Pb
. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. PMio . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . .------------ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . PMio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . 12. PMz.s .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .

. . . . . . . . 13. NH3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. Annual cycle (type Asources)

>_2500 >250

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . - ?2500

?2500

. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .

. ., .. . . . . . . . . . . . . . . .. . . . . . . . . . .

250 250 250 ThreeType B sources 2

>_100 ?100

. . . . . . . . . . . . . . . . . . . . .. . . . . . .

. . . . .. . .. . . . . . . . . . . . . . .. . . . . .

>_100 >_1000

. . . . . . . .. . . . . . . . . . . . . . . . . . . . . ..

?5 >_100

. . . . . . . . . . . . . . . . . . . . . . .~ 100

>_100 ear cycle NAA3 >_100 03 (moderate)?100 03 (serious)?50 03 (severe)?25 03 (extreme)>_10 ?100 03 (all areas)_100 CO(all areas)?100 ?5 PM101o (moderate)-e`100 PMio (serious)>_70 >100 >_100 1 tpy = tons per year of actual emissions
. ZType A sources are a subset of the Type B sources and are the larger emitting sources by pollutant
. 3 NAA = Nonattainment Area. Special point source reporting thresholds apply for certain pollutants by type of nonattainment area. ants by nonattainment area are: Ozone: VOC, NOX ; CO ; CO : CO ; PM,o: PMjo

. TABLE 2A.-DATA ELEMENTS THAT STATES MUST REPORT FOR POINT SOURCES The pollut1 . Inventory year . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . .. . . .--- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 2 . Inventory start date
. . :. . . . . . . . .---- . . . . . . . . . . . . . . . . . . . . . . . . . . .--- . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 3 . Inventory end date
. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . 4 . Inventory type .. . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . 5 . State FIPS code
. . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . County FIPS code
. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. Facility ID code
. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . Point ID code
. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 9 . Process ID code
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .--- . . . . . . . . . 10. Stack ID code
. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . Site name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . 12. Physical address
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 13. SCCor PCC . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14. Heat content (fuel) (annual average)
. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15. Ash content (fuel) (annual average)
. . . . . . . . . . . . . . . .. . .------ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16. Sulfur content (fuel) (annual average)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 17. Pollutant code . : . . . . . . . . . . . . . . . . :. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 18. Activity/throughput (annual) . . . . . . .. . . . . . . . . .--- . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 19. Activity/throughput (daily)
. . . . . .: . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 20. Work weekday emissions
. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . Annual emissions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .--- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . Emission factor
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .--- . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 23. Winter throughput (%) . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24. Spring throughput (%)
. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 25. Summer throughput (%)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .--- . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . .--- . . . . 26. Fall throughput (%)

-- . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . 27. Hr/day in operation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .--- . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . 28. Start time (hour)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 29. Day/wk in operation
. .... . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 30. Wklyr in operation

---. .. ... . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 . X stack coordinate (latitude)
. . . . . . . . . . . . . .. ... . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 32. Y stack coordinate (longitude)
. . . . . . . . . . . . . .. . . .. . . . .--- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33. Stack Height
. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . :. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34. Stack diameter
. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ._ . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .------- . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35. Exit gas temperature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36. Exit gas velocity
. . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . 37. Exit gas flowrate . .. . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 38. SIC/NAICS
. . .----- . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .----- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39. Design capacity
. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40. Maximumnamemplate capacity
. . . . . . . . . . . . . . . . . . .--- . . . . . . . . . . .----- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .---- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 . Primary control eff (%)
. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . .. . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . .

-- . . . . . r

r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r39614 Federal Register/Vol
. 67, No. 111 / Monday, June 10, 2002/Ru l es and Regulations TABLE 2A.-DATA ELEMENTS THAT STATES MUST REPORT FOR POINT SOURCES-Continued Data elements 42. Secondary control eff (%) . . . . . .. . . . . . . . . . . . . ._.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43. Control device type . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . .---- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .---- . . . . . . . .. . .. . . . . . . . . . . . 44. Rule effectiveness (%)
.. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-.--- . .. . . . . . . . . . . .--- . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . TABLE 2B.-DATA ELEMENTS THAT STATES MUST REPORT FOR AREA AND NONROAD MOBILE SOURCES Data elements 1 . Inventory year . . . . . . . . .. . . . . . . . . . . . . . 2 . Inventory start date
. . . . . . . . . . . . . 3 . Inventory end date
.. . . . . . . . . . . . . 4 . Inventory type . . . . . . . . .. . . . . . . . . . . . . . 5. State FIPS code

. . . . .. . . . . . . . .. . . . . 6 . County FIPS code
. .. . . . . . . . . . . . . . 7. SCCor PCC
. . . . . . . . . . . . . . . . . . . . . . . . . 8 . Emission factor
. . . . . . .. . . . . . . . . . . . . . 9 . Activity/throughput level (annual)
. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. Total capturelcontrol efficiency (%)
. . . . . .. . . . . . . . .. . . . . . . . . . . . . . 11 . Rule effectiveness (%)
. . . . . . . 12 . Rule penetration (%)
. . . . . . . . . . 13. Pollutant code
. . . . . . . . . . . . . . . . . . . . 14. Summer/winter work weekday emissions
. .. . . . . . . . . . . . . . . . . . . . . 15. Annual emissions
. . . . . . . . . . . . . . . 16. Winter throughput (%)
. . . . . . . . 17. Spring throughput (%)
. . . . . . . . 18. Summer throughput (%)
. . . . . 19. Fall throughput (%)

. . . . . . . . . . . . . 20. Hrslday in operation
. . . . . . . . . . . 21 . Days/wk in operation
. . . . . . . . . 22 . Wkslyr in operation
. . . . . . . . . . . . TABLE 2C.-DATA STATES MUST Every 3 years 

### r r r r r r r r r r r r r r r r r r r r r r ELEMENTS REPORT ONROAD MOBILE SOURCES Data elements 1 . inventory year . . . . . .. . . . . . . . . . . . . . . . . 2 . Inventory start date . . . . . . . . . . .. . . 3 . Inventory end date
. . . . . . . . . . . .. . . 4 . Inventory type . . . . . . . . . . . . . . . . . . .. . . 5 . State FIPS code . . . . . . . . . . . . . . . .. . . 6 . County FIPS code
. . . . . . . . . . . .. . . 7. SCCor PCC

. . . . . . . . . . . . . . . . . . . . .. . . 8 . Emission factor . . . . . . . . . . . . . . . . . .. . . 9 . Activity (VMT by Roadway Class)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 10. Pollutant code
. . . . . . . . . . . . . . . . . .. . . 11 . Summer/winter work weekday emissions
. . . . . . . . . . . . . . . . . . . .. . . 12. Annual emissions
. . . . . . . . . . . . . . THAT FOR Every 3 years 

### r r r r r r r r r rr r 

### r TABLE 2D.-DATA ELEMENTS THAT STATES MUST REPORT FOR BIOGENIC SOURCES Data elements Every 3 years 1 . Inventory year . . . . . . . . . . . . . . . . .. . . I r TABLE 2D .-DATA ELEMENTS THAT STATES MUST REPORT FOR BIOGENIC SOURCES-Continued Data elements 2 . Inventory start date
. . . . . . . . . . . . 3 . Inventory end date
. . . . . . . . . . . . . . . 4 . Inventory type . . . . . . . . . . . .. . . . . . . . . . 5 . State FIPS code
. . .. . . . . . . . . . . . . . . . 6 . County FIPS code
. . . . . . . . . . . .- . . . 7. SCCor PCC
. . . . . .. . .. . . . . . . . . . . . . . . 8 . Pollutant code
. . . . . . . . . . .. . . . . . . . . . . 9 . Summer/winter work weekday emissions
. . . . . . . . . . . . . . . . . . . . . . 10. Annual emissions
. . . . .. . . . . . . . . . Glossary Every 3 years 

### r r r r r r r r r Activity rate/throughput (annual)-A measurable factor or parameter that relates directly or indirectly to the emissions of an air pollution source. Depending on the type ofsource category, activity information may refer to the amount of fuel combusted, raw material processed, product manufactured, or material handled or processed. It may also refer to population, employment, number of units, or miles traveled
. Activity information is typically thevalue that is multiplied against an emission factor to generate an emissions estimate
. Activity rate/throughput (daily)-The beginning and ending dates and times that define the emissions period used to estimate the daily activity rate/throughput . Annual emissions-Actual emissions for a plant, point, or process-measured or calculated that represent a calendar year. Area sources-Area sources collectively represent individual sources that have not been inventoried as specific point, mobile, or biogenic sources

. These individual sources treated collectively as area sources are typically too small, numerous, or difficult to inventory using the methods for the other classes of sources

. Ash content-Inert residual portion of a fuel
. Biogenic sources-Biogenic emissions are all pollutants emitted fromnonanthropogenic sources. Example sources include trees andvegetation, oil and gas seeps, and microbial activity
. Control device type-The name ofthe type of control device (e.g., wet scrubber, flaring, or process change) . County FIPS Code-Federal Information Placement System(FIPS) is the system of unique numeric codes the government developed to identify States, counties and parishes for the entire United States, Puerto Rico, and Guam

. Annual (Type A sources)

. . . . . . .. . . . . . . . . . . . . . . . . . .. . .

. . . . . . .. . . . . . . . . . . . . . . . . . . . . Every 3 years

(Type B sources and NAAs) 

### r r r Day/wk in operations-Days per week that the emitting process operates-average over the inventory period
. Design capacity-A measure of the size of a point source, based on the reported maximum

continuous capacity of the unit. Emission factor-Ratio relating emissions of a specific pollutant to an activity or material throughput level
. Exit gas flow

rate-Nunieric value of stack gas's flowrate. Exit gas temperature-Numeric value of an exit gas stream's temperature . Exit gas velocity-Numeric value of an exit gas stream's velocity, Facility EDcode-Unique code for a plant or facility, containing oneor more pollutantemitting sources. This is the data element in Appendix A, Table 2a, that is defined elsewhere in this glossary as a "point source" . Fall throughput(%)-Part of the throughput for the three Fall months (September, October, November) . This expresses part ofthe annual activity information based on four seasons-typically spring, summer, fall, andwinter
. It can be a percentage of the annual activity (e .g., production in summer is 40% of the year's production) or units ofthe activity (e.g., out of 600 units produced, spring = 150units, summer = 250units, fall = 150units, and winter = 50units)
. Heat content-The amount of thermal heat energy in a solid, liquid, or gaseous fuel
. Fuel heat content is typically expressed in units of Btu/1b offuel, Btu/gal of fuel,joules/kg of fuel, etc. Hr/day in operations-Hours per day that the emitting process operates-average over the inventory period
. Inventory end date-Last day of the inventory period
. Inventory start date-First day of the inventory period
. Inventory type-Type of inventory represented by data (i .e., point, 3-year cycle, daily) . Inventory year-The calendar year for whichyou calculated emissions estimates
. Lead (Pb)-As defined in 40 CFR 50.12, lead should be reported as elemental lead and its compounds

. Maximum

nameplate capacity-A measure of a unit's size that the manufacturer puts on the unit's nameplate . Mobile source-A motor vehicle, nonroad engine or nonroad vehicle .

. A "motor vehicle" is any self-propelled vehicle used to carry people or property on a street or highway

. " A"nonroad engine" is an internal combustion engine (including fuel system) that is not used in a motor vehicle or vehicle only used for competition, or that is not affected by sections 111 or 202 of the CAA .Federal Register / Vol
. 67, No. 111 / Monday, June 10, 2002/ Rules and Regulations " A"nonroad vehicle" is a vehicle that is run by a nonroad engine and that is not a motor vehicle or a vehicle only used for competition

. PM (Particulate Matter)-Particulate matter is a criteria air pollutant
. For the purpose of this subpart, the following definitions apply : (1) Primary PM

. Particles that enter the atmosphere as a direct emission froma stack or an open source. It is comprised of two components: Filterable PM and Condensible PM . (As specified in § 51 .15 (a)(2), these two PM components are the components measured by a stack sampling train such as EPAMethod 5 and have no upper particle size limit.) (2) Filterable PM

: Particles that are directly emitted by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train
. (3) Condensible PM

: Material that is vapor phase at stack conditions, but which condenses and/or reacts upon cooling and dilution in the ambient air to form solid or liquid PM

immediately after discharge from the stack

. (4) Secondary PM

: Particles that form through chemical reactions in the ambient air well after dilution and condensation have occurred
. Secondary PM is usually formed at some distance downwind from the source. Secondary PM

should NOT be reported in the emission inventory and is NOT covered by this stibpart
. (5) PrimaryPMz.s: Also PMz.s (or Filterable PMz.s and Condensible PM individually
. Note that all Condensible PM is assumed to be in the PMz.s size fraction)-Particulate matter with an aerodynamic diameter equal to or less than 2

.5 micrometers

. (6) Primary PMIp

: Also PM,o (or Filterable PM,o and Condensible PM individually)- Particulate matter with an aerodynamic diameter equal to or less than 10 micrometers

. PCC-Process classification code
. A process-level code that describes the equipment or operation which is emitting pollutants
. This code is being considered as a replacement for the SCC
. Physical address-Street address of a facility
. This is the address of the location where the emissions occur; not, for example, the corporate headquarters
. Point EDcode-Unique code for the point of generation of emissions, typically a physical piece of equipment
. Point source-Point sources are large, stationary (non-mobile), identifiable sources of emissions that release pollutants into the atmosphere
. As used in this rule, a point source is defined as a facility that annually emits more than a "threshold" value as defined under § 51 .20 . Pollutant code-A unique code for each reported pollutant assigned in the Emission Inventory Improvement Program(EIIP) Data Model
. The EIIP model was developed to promote consistency in organizations sharing emissions data
. The model uses character names for criteria pollutants and Chemical Abstracts Service (CAS) numbers for all other pollutants
. You may be using SAROAD codes for pollutants, but youshould be able to map them to the pollutant codes in the EIIP Data Model
. Process ID code-Unique code for the process generating the emissions, typically a description of a process. Roadway class-Aclassification system developed by the Federal Highway Administration that defines all public roadways as to type. Currently there are four roadway types: (1) Freeway, (2) freeway ramp, (3) arterial/collector and (4) local
. Rule effectiveness (RE)-How well a regulatory program

achieves all possible emission reductions
. This rating reflects the assumption that controls typically aren't 100 percent effective because of equipment downtime, upsets, decreases in control efficiencies, and other deficiencies in emission estimates
. RE adjusts the control efficiency
. Rule penetration-The percentage of an area source category covered by an applicable regulation
. SCC-Source classification code
. A process-level code that describes the equipment and/or operation which is emitting pollutants
. Seasonal activity rate/throughput A measurable factor or parameter that relates directly or indirectly to the pollutant season emissions of an air pollution source. Depending on the type of source category, activity information may refer to the amount of fuel combusted, raw material processed, product manufactured, or material handled or processed

. It mayalso refer to population, employment, number ofunits, or miles traveled
. Activity information is typically the value that is multiplied against an emission factor to generate an emissions estimate. Seasonal fuel heat content-The amount of thermal heat energy in a solid, liquid, or gaseous fuel used during the pollutant season. Fuel heat content is typically expressed in units of Btu/lb of fuel, Btu/gal of fuel, joules/kg offuel, etc. Secondary control eff (%)-The emission reduction efficiency of a secondary control device
. Control efficiency is usually expressed as a percentage or in tenths
. SIC/NAICS-Standard Industrial Classification code
. NAICS (North American Industry Classification System) codes will replace SIC codes
. U .S
. Department of Commerce's code for businesses by products or services
. Site name-The name of the facility. Spring throughput (% )-Part of throughput or activity for the three spring months (March, April, May)
. See the definition of Fall Throughput
. Stack diameter-A stack's inner physical diameter
. Stack height-A stack's physical height above the surrounding terrain
. Stack ID code-Unique code for the point where emissions from one or more processes release into the atmosphere
. Start time (hour)-Start time (if available) that you used to calculate the emissions estimates

. State FIPS Code-Federal Information Placement System(FIPS) is the systemof unique numeric codes the government developed to identify States, counties and parishes for the entire United States, Puerto Rico, and Guam

. Sulfur content-Sulfur content of a fuel, usually expressed as percent by weight
. 39615 Summer throughput(%)-Part of throughput or activity for the three summer months (June, July, August)
. See the definition of Fall Throughput
. Summer/winter work weekday emissions-Average day's emissions for a typical day
. Ozone daily emissions = summer work weekday; CO and PM daily emissions = winter work weekday
. Total capture/control efficiency-The emission reduction efficiency of a primary control device, which shows the amount controls or material changes reduce a particular pollutant froma process' emissions
. Control efficiency is usually expressed as a percentage or in tenths. Type A source-Large point sources with actual annual emissions greater than or equal to any ofthe emission thresholds listed in Table 1 for Type Asources. Type Bsource-Point sources with actual annual emissions during anyyear ofthe three year cycle greater than or equal to any of the emission thresholds listed in Table 1 for Type B sources. Type B sources include all Type Asources. VMTby Roadway Class-Vehicle miles traveled (VMT) expresses vehicle activity and is used with emission factors
. The emission factors are usually expressed in terms of grams per mile of travel
. Because VMT doesn't correlate directly to emissions that occur while thevehicle isn't moving, these nonmoving emissions are incorporated into the emission factors in EPA's MOBILE Model
. VOC-Volatile Organic Compounds
. The EPA's regulatory definition of VOCis in 40 CFR 51 .100. Winter throughput (%)-Part of throughput or activity for the three winter months (December, January, February, all fromthe same year, e.g., Winter 2000 =January 2000 + February, 2000 + December 2000)
. See the definition of Fall Throughput
. Wk/yr in operation-Weeks per year that the emitting process operates. Work Weekday-Any day of theweek except Saturday or Sunday
. Xstack coordinate (latitude)-An object's north-south geographical coordinate
. Y stack coordinate (longitude)-An object's east-west geographical coordinate
. Appendix B to Subpart A of Part 51- [Reserved] Subpart Q-[Amended] 3. Section 51 .321 is revised to read as follows: § 51 .321 Annual source emissions and State action report. The State agency shall report to the Administrator (through the appropriate Regional Office) information as specified in §§ 51 .322 through 51 .326. 4 . Section 51 .322 is revised to read as follows: §51 .322 Sources subject to emissions reporting

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# STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOA

IN THE MATTER OF THE PETITION NO
. EIB 04-05 FORHEARINGON PROPOSED REVISIONS TO20 .2.73 NMAC- NOTICE OF INTENT AND EMISSION INVENTORY

AFFIDAVIT CERTIFYING NOTIFICATION I hereby certify that the Notice ofHearing (Attachment 1) in the above captioned case was e-mail and faxed to the New Mexico Registry and mailed via U .S
. Postal Service to the comprehensive Environmental Improvement Board (Attachment 2) mailing list on July 15, 2004.

Geraldine Madrid-Chavez Boards &Commissions Post Office Box 26110 Santa Fe, NM87502 Telephone (505) 827-2425 

# ,CC

.~.. . ~

Notary Public

Commissioner Expires

OFFICIAL SEAL 

## Cleo C
. Casteliano NOTARY T'1;f3LK STATE OF ~EK' SEkIC
~ )O ~ My`orr^m~Yn Expires-
~ :6= ciT-

# New Mexico Commission of Public Records Administrative Law

Division 1205 Camino Carlos Rey Santa Fe, NM

87507 505-476-7907 

# Affidavit of Publication in the New Mexico Register I certifythat the agency noted below has published legal notices or rules in the New Mexico Register, and that payment has been assessed by invoice for said legal notice or publication, which appeared on the date and in the volume and issue number noted below . Date of Publication : 7/30/2004 Agency: Volume: XV Issue # : 14 EIB - Air Quality Bureau Invoice # : NMR-2005- 21 Contact : Geraldine Madrid-Chavez 1190 St Francis Dr Amount : $25.50 Santa Fe, NM87501- Description: Notice Notice of Public Hearing - Air Quality Regulations

Administrative Law

Division New Mexico Commission of Public Records



## Notice to Publishing Agency Date: 8/3/2004

Enclosed are your agency's proof copies of the legal notices or rules whichwere published in the New Mexico Register
. These document the fact that your Notice ofRulemaking, Proposed Rule, or Adopted Rule has been published in the New Mexico Register
. FormSRC-2002-04

### New Mexico Register / Volume XV, Number 14 / July 30, 2004 

# Notices of Rulemaking and Proposed Rules NEW MEXICOBOARDOF ACUPUNCTURE AND ORIENTAL MEDICINE PUBLIC RULE HEARING ®ULAR

MEETING NOTICE The New Mexico Board of Acupuncture and Oriental Medicine will convene a public rule hearing on Wednesday, September 8, 2004. The hearing will begin at 9 a.m . at the State Capitol Building, 3rd Floor, Room 303 in Santa Fe, New Mexico
. The purpose of the rule hearing is to hear public testimony and comments regarding the proposed amendments and/or repeals and replacements to the rules and regulations: PART 1 General Provisions, PART 2 Scope of Practice, PART 3 Application for Licensure, PART 4 Examinations, PART 5 Temporary Licensing, PART 6 Reciprocal Licensing, PART 7 Approval of Educational Programs, PART 8 License Renewal, PART 9 Continuing Education, PART 10 Fees, PART 11 Licensee Business Offices and Administrative Requirements; PART 12 Grounds for Denial, Suspension or Revocation of License; PART 13 Complaint and Disciplinary Proceedings; PART 14 Externship Certification and new rule PART 15 Inactive Status; New PART 16 Auricular Detoxification and PART 17 Licensure by Endorsement
. A board meeting will follow the hearing
. The board may go into executive session to discuss pending litigation, personnel or licensee matters
. A final agenda for the board meeting will be available at the board office on September 7, 2004. Persons desiring to present their views on the proposed amendments may appear in person at said time and place or may submit written comments no later than 5:00 p.m . on August 25, 2004, to the board office, P.O
. Box 25101, Santa Fe, NM, 87504. Copies of the proposed rule changes are available on through the board office and on the Board's website which is www .rld .state .nm

.us/b&c/acupuncture (click on the "News" link)
. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other formof auxiliary aid or service to attend or participate in the hearing or meeting, please contact the board administrator at 476-4627 at least one week prior to the meeting or as soon as possible
. Public documents, including the agenda and minutes, can be provided in various accessible formats
. Please contact the board administrator if a summary or other type of accessible forrnat is needed
. 

### NEW MEXICO BOARDOF EXAMINERS FOR ARCHITECTS New Mexico Board of Examiners for Architects POBox 509 Santa Fe, NM 505-827-6375 Regular Meeting and Public Rules Hearing The NewMexico Board of Examiners for Architects will hold a regular open meeting of the Board in Santa Fe, New Mexico on Friday, August 6, 2004. The meeting will be held in the Conference Room of the Board office, Lamy Building, 491 Old Santa Fe Trail, beginning at 9:00 a.m . A public rules hearing will also be held to amend architectural rules
. Content includes board responsibilities, ARE examination, continuing education, code ofconduct and practice standards, and settlement agreements. Proposed rules are available on the board's web site www

.nmbea.ore or at the Board office
. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or other form of auxiliary aid or service to attend or participate in the meeting, please contact the Board Office at 827-6375 at least one week prior to the meeting
. Public documents, including the agenda and minutes can be provided in various accessible formats
. Please contact the Board Office if a summary or other type of accessible format is needed
. 

### THE NEW

MEXICO ENVIRONMENTAL IMPROVEMENT BOARD THE NEW

MEXICO ENVIRONMENTAL IMPROVEMENT

BOARD NOTICE OF PUBLIC HEARING - AIR QUALITY REGULATIONS The New Mexico Environmental Improvement Board will hold a public hearing on October 5, 2004 beginning at 9 :30 a.m . at the Dona Ana County Health Services Center, Room 1101, 1170 N . Solano, Las Cruces, New Mexico
. Contact Geraldine Madrid-Chavez (505) 827-2425 for a copy of the proposed agenda, which will be available after September 24, 2004, at the Environment Improvement Board's 731 office, Room N-2153, 1190 St
. Francis Drive, P

.O
. Box 26110, Santa Fe, New Mexico 87502. The Board will hold a public hearing to consider proposed revisions to 20.2.73 NMAC
- Notice of Intent and Emissions Inventory Requirements
. The proposed revisions to Part 2.73 will allow the New Mexico Environment Department to meet U.S
. Environmental Protection Agency (EPA) emissions inventory requirements under the Consolidated Emissions Reporting Rule and the National Emissions Inventory Input Format. In addition, the revisions will allowthe Department to collect more specific data regarding Hazardous Air Pollutants, and will correct a typographical error. Tlic proposcd amendments caa be found on the Department's web-site at nmenv.state .nm

.us/aqb/prop_regs .html
. You may also contact Geraldine MadridChavez (505) 827-2425 for a copy of the proposed regulations and concerning questions about this hearing
. The hearing will be conducted in accordance with the Environmental Improvement Board's Rulemaking Procedures, 20 NMAC 1 .1, the Environmental Improvement Act, Section 74-1-9 NMSA 1978, and other specific statutory procedures that may apply
. All interested persons will be given a reasonable opportunity at the hearing to submit relevant evidence, data, views, and arguments, orally or in writing, to introduce exhibits, and to examine witnesses
. Persons desiring to present technical testimony must file with the Board a written notice of intent to do so. The notice of intent shall : Identify the party of whom the witnesses will testify; Identify each technical witness the party intends to present and state the qualifications ofthat witness, includingadescription of their educational and work background; Summarize or include a copy of the direct testimony of each technical witness and state the anticipated duration of the testimony; Include the text of any recommended modifications to the proposed regulatory change; and List and describe, or attach, all exhibits anticipated to be offered by that person at the hearing

. The deadline for the notice ofintent to present technical testimony is September 24,732 

### New Mexico Register / Volume XV, Number 14 / July 30, 2004 2004. Notices ofintent must be filed in the office ofthe Board and should state the date and title of the hearing, and the case number
. Any person who wishes to submit a non-technical written statement in lieu of oral testimony may do so at or before the hearing without a prior filing
. The Board may reconvene a meeting at the end of the hearingto take action on the proposal
. If you are an individual with a disability and you require assistance or an auxiliary aid, e.g. sign language interpreter, to participate in any aspect of this process, please contact Judy Bentley by September 24, 2004 at the New Mexico Environment Department, 1190 St
. Francis Drive, P .O
. Box 26110, Santa Fe, New

Mexico 87502, (505) 827- 9R72 (TDD or TDY users rlease access her number via the New Mexico Relay Network
. Albuquerque TDD users: (505) 275-7333; outside of Albuquerque: 1-800- 659-1779.) ss/ Ms. Gay Dillingham, Chair 

### NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NOTICE OF PUBLIC HEARINGTO CONSIDER PROPOSED AMENDMENTS TOTHE CONVENIENCE STORE RULE IN TITLE 11, CHAPTER5, PART 6 OF THE NEW

MEXICO ADMINISTRATIVE CODE
. The New Mexico Environmental Improvement Board (Board) will hold a public hearing on Septe.^ .:be
. 7 . rd 8, 2004 at 9:30 a.m

. at the New Mexico State Capitol Building, Room317, at the comer of Don Gaspar and Paseo de Peralta, Santa Fe, New

Mexico
. The purpose of the hearing is to consider amendments to the Convenience Store rule in the Occupational Health and Safety Regulations, 11 .5 .6 NMAC

. The New Mexico Environment Department is the proponent of these amendments
. The Board will also consider !ifting the stay of certain provisions of the ;urrent Convenience Store rule that it grant- ;d by order on June 11, 2004. The hearing will address only the proposed amendments o the Convenience Store rule, issues relat- :d to the proposed amendments raised by he general public, the related amendments o the Occupational Health and Safety rules lescribed below, and the lifting of the parial stay. The Board will not take comnents, testimony or evidence on other pro- ~isions ofthe Convenience Store rule or the Occupational Health and Safety rules at this hearing
. The Department is proposing to amend the following provisions of the Convenience Store rule: 11 .5 .6 .7 (D) Definition of Convenience Store - the Department proposes to amend the definition to exclude businesses that operate primarily as hotels, taverns, lodging facilities, restaurants, stores that sell prescription drugs, gasoline service stations, grocery stores, supermarkets, and businesses that have more than 10,000square feet of retail floor space

. 11 .5 .6 .7 (E) "Convenience goods" - the Department proposes to add a definition of convenience goods to the rule
. 11 .5.6.8 (B) Employee training - the Department proposes to change employees' periodic mviewof the written training curriculumand site-specific safety issues from every three months to every four months
. In addition, employers will be allowed to keep employee training documentation outside of the store premises, but must make the documentation available within 48 hours of a Department representative's request
. 11 .5.6 .8 (C) Late night security measures
- the rule currently requires stores operating between the hours of 5:00 p.m . and 5 :00 a .m . to implement at least one of five late night security measures. The Department proposes to amend this provision so that the applicable late night security measures would only apply to stores operating between 11 :00 p .m

. and 5:00 a.m

. 11 .5 .6 .8 (E) Security Surveillance System
- the Department proposes to remove from the rule provisions for exterior video surveillance
. In addition, employers would be allowed to keep equipment maintenance documentation outside the store premises, but must make the documentation available within 48hours of a Department representative's request . 11 .5 .6 .8 (F) Security AlarmSystem- the Department proposes to allowemployers to keep equipment maintenance documentation outside the store premises, but make the documentation available within 48 hours of a Department representative's request . 11 .5 .6 .8 (G) Depository or Time lock safe
- the Department proposes to allow employers to keep the required depository or time lock safe in an office adjacent to the service counter area, as well as in the service counter area. In addition, employers would be allowed to keep equipment main- , tenance documentation outside the store premises, but must make the documentation available within 48 hours of a Department representative's request. 11 .5.6 .8 (H) Cash Management - the Department proposes to raise the cash limit in cash registers from 50dollars to 100 dollars
. 11 .5 .6.8 (I) Required Signs - the Department proposes to change the requirement that stores have a sign stating there is no more than 50 dollars in the cash register to no more than 100 dollars in the cash register
. 11 .5 .6 .8 (J) Pay Phones - the Department propose to remove the pay phone provision entirely
. Additionally, the Department proposes to amend sections 11 .5.1 .7, 13, 14, 15, 18, 19, and 23 of the NewMexico Administrative Code, Occupational Health and Safety regulations, so that those provisions will include references to the new Part 6. Please note, formatting changes to the regulations may occur. In addition, the Board may make other amendments as necessary to accomplish the purpose of providing safety and security for Convenience Store employees
. The proposed amendments and the Board's order for a partial stay may be reviewed during regular business hours at the office of the Environmental Improvement Board, Harold Runnels Building, 1190 St
. Francis Drive, Room

N-2150 Santa Fe, NM, 87505. Copies of the proposed amendments to the rule may be obtained by contacting Geraldine Madrid-Chavez at (505) 827- 2425 or by email at Geraldine_Chavez@nmenv .state.nm .us. Please refer to Docket No. EIB 03-12. The proposed amendments to the rule can also be found on the NewMexico Environment Department website at http://www .nmenv.state.nm .us and at http://www

.nmenv.state.nm

.us/OhsbVJebsi te/ohsb_ ome.htm

. Written comments regarding the new regulations may be addressed to Ms. Madrid-Chavez at the above address, and should reference docket number EIB 03-12

. The hearing will be conducted in accordance with 20.1 .1 NMAC (Rulemaking Procedures) Environmental Improvement Board, the Environmental Improvement Act, Section 74-1-9 NMSA 1978, and other applicable procedures
. All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits, and to examine witnesses
. Any person who wishes to submit a non-technical written statement for the record in lieu of oral testimony shall file such statement prior to the close of the hearing
. Persons wishing to present technical testi-

## ADMINISTRATIVE SERVICES DIVISION FINANCIAL SERVICES BUREAU INVOICE SUMlVIARY FORM

FY2005 TO : FINANCIAL SERVICES BUREAU - ACCOUNTS PAYABLE FROM : Air Quality Bureau CONTACT: Sandra Ortiz PHONE: 955-8065 DATE: 9/30/2004 SUBJECT: INVOICE SUMMARY FORM FORPAYMENT OF INVOICES IN FY 2005 

## VENDORNUMBER

: 850377498 VENDORNAME: ALBUQUERQUE PUBLISHING CO ADDRESS: ALBUQUERQUE JOURNAL ALBUQUERQUE NM 87199-5777 PURCHASE DOC NO 05-064-500098 ENC . REVERSAL FULL: No PARTIAL: Yes INVOICE NUMBER

: T113025901 &T113026201 INVOICEAMOUNT: $124.14
COMIvI LN

. : ORG

. CODE: PROJECT CODE: PBB CODE: ACCOUNT (OBJECT) CODE: 1 380540 0 P571 5046900 $124.14



## FUND : 064 NONTAXABLE: No TAXABLE: Yes FUNCTION : NONE I, ORWE, CERTIFYTHAT THEABOVEARTICLES WERE RECEIVED IN GOODCONDITIONAFTERDUE INSPECTION THEREOF, ORTHE SERVICES WERE RENDEREDAS STATED, ORTHETRAVEL, ANDRELATEDCOSTSWERE PERFORMEDOR INCURRED : THAT THEY WERE NECESSARYANP PROPERANDINACCORDANCE WITHALL CONTRACTUAL OBLIGATIONS ANDSTATE (AND IF APPLICABLE FEDERAL) LEGISLATION, RULES, REGULATIONS, ANDTHAT THE AMOUNTSCLAIMEDARE .jUST ANDREASONABLE ANDTHAT NOPART THEREOF HAS BEEN PAID . 

## AUTHORIZED SIGNATURE: TITLE: Financial Specialist 4R 1TEMS TIH4TEXCEED TSE BUREAIJ C'KIEF'SSIGNATfT .RE~1 ~TTHORlTY - - Based onthe review, recommendation, and certification above, I authorize payment as indicated
. IAPPROVED

: DATE:

Signature Title 

# /o_7-aaa ~t a05S?0ALBUQUERQUE JOURNAL The Albuquerque Tribune (A Scripps-Howard Newspaper) Evenings Mornings and Sundays



## Albuquerque Publishing Company VOI EISTA MENT A

## D VER I PAGE # BILLING PERIOD SIN IN ADVERTISERICLIENT NUMBER TOTAL AMOUNT DUE 21 $151 01 08101/04 08131/04 . C80980 BILLING DATE ADVERTISERICLIENT NAME AMOUNT ENCLOSED " 08131/04 C80980 N M DEPT OF ENVIRONMENT TERMS OF PAYMENT: DUE UPON RECEIPT ' BILLED ACCOUNT NAME ANDADDRESS



### . 1tEtRZTTx+NCS ADDRESS

_ N M

DEPT OF ENVIRONMENT - 

### ALBUQUERQUE PUBLISHING COMPANY AIR QUALITY BUREAU 

### P.O
. BOX 95777 2048 GALISTEO ST 

### ALBUQUERQUE, NM 87199-5777 SANTA FE NM 87505 

### 1208000908003737373737373737383104000301512100003000030a300047

PLEASE DETACH AND RETURN UPPER PORTION WITH YO UR REMITTANCE NEWSPAPER REFERENC E DESCRIPTION-OTHER COMMENTS/CHARGES SAU SIZE AMOUNT DATE PUB PROD CLS START DATE CONTRACT LINAGE BILLED UNITS 76 .42 BALANCE FORWARD 49 .35CR OS/09 0350050369 PMT FR IP 0506450009/THE NEWMEXICO ENVI 1 .oX 130 .00L 7 57 .20 OB/18 T113025901 OL 130 D JD LGLE 0000 D8/18 . 3 .47 TAX 08/18 T113026201 05D6450D09/THE NEWMEXICO ENVI 1 .OX 136 .OOL 59 .B4

JD LGLE 0000 OB/18 136.01, 0 .44 3.63 TAX TOTAL UE 151 .21 PREVIOU AMOUNT OWED: 76 .42 NEW CHARGE THIS PERIOD: 117 .04 NEW TAXE THIS PERIOD: 7 .10 CAS THIS PERIOD: 49 .35 EBIT ADJUSTMENT THIS PERIOD: .OD
. - ' C DIT ADJUSTMENT THIS PERIOD: .00

_. . - -NOTE- YOU HAVE AN AMOUNT THAT IS OVER 31 DAYS T DUE . IF YO HAVE ANY QUESTIO NS, CALL ACCOUNTING AT B23-3223 . _ ~ Y~ .^ hy ; `YI

j,

~ .I . ,~ . . .i, I ` , . 'l .la ' : .* .w . c5 r . '~

STATEMENT OF ACCOUNT AGING OF PAST DUE AMOUNTS

1-3D DAYS 31-6D DAYS $124.14 $27.07

.- .~-- 61-9DDAYS OVER 9D DAYS ~ UNAPPLIED AMOUNT TOTAL AMOUNT DUE $0 00 $0 .00 .OD $15121 ALBUQUERQUE JOURNAL ALBUQUERQUE PUBLISHING COMPANY P .O
. BOX 95777 Albuquerque, NM B7199-5777

ADVERTISER INFORMATON BILLING PERIOD BILLED ACCOUNT NUMBER I 08/01/04 08

139/04 C80980 TO PAY BY CREDIT CARD, CALL(505)823-3220 TOPLACE YOUR RETAIL AD, CALL (505)823-3300 TOPLACE YOURCLASSIFIED AD, CALL (505)82311444 THE ALBUQUERQUE TRIBUNE

ADVERTISER

ICLIENT NUMBER ADVERTlSER ICLENT NAME

. CB0980

TOINQUIRE ABOUT YOUR ACCOUNT BALANCE, CALL (505)823-3223 N M DEPT OF ENVIRONMENT TERMS : IF PAYMENT IS NOT RECEIVED VTITHIN 30 DAYS FROM

STATEMENT DATE, A FINANCE CHARGE OF 1 .5% (18%PERANNM WILL BE ASSESSED TOSUBSCRIBE TOTHE JOURNAL AND/ORTRIBUNE, CALL(505)823-4400 WE ACCEPT MASTERCAR D,VISA,AMERICANEXPRESSANDDISCOVER CARD CB02STMT

### STATE OF NEW MEXICO County of Bernalillo SS

THE NEW

MEXICO ENVIRONMENTAL

, IMPROVEMENT BOARD NOTICE OF PUBLIC HEARING
- AIR DUALITY REGULATIONS The NewMexico Environmental im provement Board wiii h,3L c p ublic hearing on October 5, 2004 beginning at 9

:30am . at the Dona Ana County Health Services Center, Room1101, 1170 N

. Solano, Las Cruces, NewMexico
. Contact Geraldine Madrid-Chavez (505) 827-2425 for a copy of the proposed agenda, which will be availabie after September 24, 2004, at the Environment Improvement Board's office, Room N-2153, 1190 St
. Francis Drive, P.O
. Box 26110, Santa Fe, NewMexico 87502 . The Board wig hold a public hearing to consider proposed revisions to 20 .2 .73 NMA~ - Notice of Intent and Emissions Inventory Requirements . The p roposed revisions to Part 2.73will alPow

the NewMexico Environment Department to meet U.S
. Environmental Protection Agency (EPA) emissions invento ry requirements under the Consolidated Emissions Reporting

. Rule and the Natioriat .Emrssi6ns
. Inventory Input F6rmat.lnaddition, ; ; the revisions w71 allow-0Depart-:! ment to collect more specific data,- regarding °Hazardous Air Poll ants, and will correct a typDgr" aph- : ical error . The
. p roposed amendments can be fou_nd .on the De- : p .arlment's web-site at nmenv.state .nm

.uslaqb/ prop regs.htm
. You ~may also cont_ot Geraldine Madrid-Chavez
. (5D5) B27-2425 for a.copy of the proposed regulations and conC-10 questions about this hearing : '

. . . . _ The hearing will be conducted fn accordance withthe Environmental ent Board's Rulemaking s, 20 tJMAC 1 .1, the Environmental Improvement Act, Section 741-9 NMSA 1978, and other specific statutoryprocedures that may apply

; ' All interested persons will be g ~iven a reasonable opportunity at the hearing to submit relevant evidence, data, views,- and ar gUments, Dral ~

- or in writing, to infra duce exhlbifs and to examine wknesses. Persons desiring to present technicat testimony must file wRh the Board a wdtten notice of intent to do so

.,Th_ e nofice of intent shall : Identify the party of whomthe v4tnesses will testrfy

;, . , -- Identgy each technical witness the p arty mtends to present and state the qualffications of that witness; inciuding a desc~fofion of their educational and work background; Summafize or include e copy. of the direct testimony of each tectr nical witness and state the anticipated duration df-the testimony ; . Bill Tafoya, being duly sworn, declares and says that he is Classified Advertising Manager of The Albuquerque Journal, and that this newspaper is duly qualified to publish legal notices or advertisements within the meaning of Section 3, Chapter 167, Session Laws of 1937, and that payment therefore has been made of assessed as court cost ; that the notice, copy of which is hereto attached, was published in said paper in the regular daily edition, for tion being on the X-t day of uent consecutive publications on

, 20- . fore me, a Notary Public, in and for the County of Bernalillo and State of New Mexico this
~ A'9day of of 201i"N

PRICE Statement to come at end of month
. ! 

### OFFICIAL SEAL~

E±vrl J~, .Jrw ACCOUNT NUMBER .C, 5~ Is' CA a EL CLA-22-A (R-1/93)

Include the 'text .df any recom " j mended,modifications to the .pro; :; posed regu)at0ryy change,aaQ ~ List and-Zescrlbe,
. oP.attech, all exhibfts anticipated to be offered by that person at the headng
. . . . The deadline for the notice of interd to present technical testimony is September 24, 20D4

. Notices of intent must be filed in the office of the Board and should state .the date and title of the' hearing, and the case number
. Any personwho wishes to submit $ non-technical written statement in lieu of oral testimony may do so at or before the hearing without a priorfiling
. The Board .may~reconvene a meeting at the end of the hearing to take action on'the proposal ., , Hyou are ari :iridividual with

. a dis-~i ability and
. yau requlre assistance or an auxiliary

. Ni e .g. sign language interpreter to participate in any aspect of 1his! process, please contaot rot Bentley by Sep

tember 24, 2004 at .the New

tvlexico Environment De partment, 119D SL Francis Drive, .t' .0

: Box 26110, Santa Fe; Ne.,w- Mexico 87502, (505) 827-QB72-(TDD.orTDY users please access her number via the NewMexico Relay Network
. Albuquerque TOO

; users: Z505) 275-7333; .outsrde ofAlbuquerque: 1-800-659-1779

.) ss/ Ms. day
.Djlling

ham,-Chalr ' , j Journal : August 18, 2004 ,,Do L14

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# New Mexico Commission of Public Records Administrative Law

Division 1205 Camino Carlos Rey Santa Fe, NM

87507 505-476-7907 

# Affidavit of Publication in the New Mexico Register I certify that the agency noted below has published legal notices or rules in the New Mexico Register, and that payment has been assessed by invoice for said legal notice or publication, which appeared on the date and in the volume and issue number noted below
. Date of Publication : 12/14/2004 Volume: XV Issue # : 23 Invoice # : NMR-200S- 167 Amount : $52.50 Description: Amendment 20.2.73 NMAC



## Attest : Publisher Agency: EI3 - Air Quality Contact : Heather Lancour 2044 Galisteo Santa Fe, NM87505-
Notice of Intent and Emissions Inventory Requireme

Administrative Law

Division New Mexico Commission of Public Records



## Notice to Publishing Agency Date: 12/14/2004

Enclosed are your agency's proof copies of the legal notices or rules which were published in the New Mexico Register
. These document the fact that your Notice of Rulemaking, Proposed Rule, or Adopted Rule has been published in the NewMexico Register
. FormSRC-2002-04

### New Mexico Register / Volume XV, Number 23 / December 14, 2004 20.11 .64.14 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made to the incorporated federal standards:

A . [A

..,., ...a en nFn 61 . 9 1

fepFesent&6ve-] For purnoses ofadministering and enforcin{ 40CFR 61 . the following modification or exception is made to the federal standards that are incorporated in 40 CFR 61 . When the director of the Albuquerque environmental health deoartment is exercising the authority delegated to the director bythe United States environmental .,protection agency, the definition of "administrator" of the United States environmental protection agency that is included in 40 CFR 61 .02 Definitions, shall be changed to "director" of the Albuquerque environmental health department .

B . [ Amend nn i'F° 634 ,

tative-] For purposes of administering and enforcing 40CFR 63 the following modification or exce~tion is made to the federal standards that are incorporated in 40 CER 63 When the director of the Albuquerque environmental health department is exercisinq the authority delegated to the director by the United States environmental protection a¢ency, the definition of "administrator" of the United States environmental protection agency that is included in 40 CFR 63.2. Definitions shall be changed to "director" of the Albuquerque environmental health department
.

C
. Pursuant to 40 CFR 63 .42(b), the effective date for the incorporation of 40 CFR 63, Sections 40 through 44, shall be June 29, 1999. If the department does not have a program to adequately implement the provisions of Section 112(g) ofthe Clean AirAct, all case-by-case MACT determinations made by the department shall be submitted in writing to the EPAregional administrator for concurrence. [~] All applicable MACT emission [4iftr ] limitations and requirements shall be incorporated into [sivt pefmiE] all permits issued by the department. [1/l/2000 ; 20.11 .64 .14 NMAC - Rn, 20 NMAC 11 .64.14, 10/1/02; A, 1/1/05] 

### NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD This is an amendment to 20.2.73 NMAC Section 300, effective December 31, 2004. 20.2.73.300 EMISSION INVENTORY REQUIREMENTS:

A. Applicability
. The requirements of 20.2.73.300 NMAC apply to the owner or operator of any stationary source located outside of Bemalillo county which: (1) has been issued a permit under 20.2.72 NMAC (Construction Permits) during any period of time, except for toxic air pollutant permits issued under Sections 401 to 499 of 20.2.72 NMAC ; (2) is required to file a notice of intent under 20.2.73.200 NMAC ; or (3) emits in excess of 1 ton oflead or 10 tons of total suspended particulate, PM10, PM2.5, sulfur dioxide, nitrogen oxides, carbon monoxide, or volatile organic compounds in any calendar year including and subsequent to 1990.

B . Reporting requirements. (1) Any source which emits, or has the potential to emit, 5 tons per year or more of lead or lead compounds, or 100 tons per year or more of PM 10, PM2 .5, sulfur oxides, nitrogen oxides, carbon monoxide, or volatile organic compounds shall submit an emissions report annually
.

(2) Any source defined as a major source of hazardous air pollutants under 20.2.70 NMAC (Operating Permits) shall submit an emissions report annually
.

(3) Any source which is located in an ozone nonattainment area and which emits, or has the potential to emit, 25 tons per year or more of nitrogen oxides or volatile organic compounds shall submit an emissions report annually
.

(4) Any source which is not required by Paragraph (1), (2), or (3) of Subsection B of this section (20.2.73.300 NMAC) to submit an emission report shall submit an emissions report under this part upon request by the department, but no more frequently than annually
.

(5) Except as provided in Paragraph (8) of Subsection B of this section (20 .2.73.300 NMAC), the department shall provide to the owner or operator required by this section (20.2.73.300 NMAC) to submit an emissions report a complete copy of the most current emissions report for their stationary source which is on file with the department
. The 1061 department shall provide this copy to the owner or operator at least 90 days prior to the date when the source is required to submit an emissions report.

(6) The owner or operator shall submit to the department a complete, correct and current emissions report in the format specified by the department which reflects emissions during the previous calendar year.

(7) Except as provided in Paragraph (8) of Subsection B of this section (20.2.73.300 NMAC) the owner or operator shall submit the emission report by April 1 of each year in which the source is required to submit an emission report.

(8) Sources for which a date for submitting an annual emission report is specified in a current operating permit issued under 20.2.70 NMAC (Operating Permits) shall submit such report on that date
. The department shall provide a copy of the previous emissions report upon request by the owner or operator of such source. C

. Content of emissions reports. Emissions report contents shall include: (1) the name, address, and physical location of the stationary source;

(2) the name and telephone number of the person to contact regarding the emissions report;

(3) a certification signed by the owner, or operator, or a responsible official as defined in 20.2.70 NMAC attesting that the statements and information contained in the emissions report are true and accurate to the best knowledge and beliefofthe certifying official, and including the full name, title, signature, date of signature, and telephone number of the certifying official ; for sources subject to 20.2.70 NMAC, the certification shall be made as required under that part ; (4) smelters shall submit an annual report of sulfur input, in tons/year ;

(5) for each emission point, as required by the department:

(a) stack and exhaust gas parameters and location information;

(b) type ofcontrol equipment and estimated control efficiency;

(c) schedule of operation; (d) estimated actual emissions, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime of total suspended particulate, PM10, PM2.5. ammonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead, and, if requested by the department speciated hazardous air pollutants, in tons per year and a description of the methods utilized to make such estimates, including calculations;

(e) the annual process or fuel1062 

### New Mexico Register / Volume XV, Number 23 / December 14, 2004 combustion rates; and

(f) the fuel heat, sulfur, and ash content ; and

(6) all information required under the federal act .

D . Additional content for emissions reports fromsources in ozone nonattainment areas. Emissions reports from sources located in ozone nonattainment areas shall include, in addition to the contents specified by Subsection C of this section (20.2.73.300 NMAC), the following information:

(1) typical daily process rate during the peak ozone season, where the peak ozone season is specified by the department ; and(2) estimated actual emissions of nitrogen oxides and volatile organic compounds, which shall be reported:

(a) for each emissions point ; (b) for each process and fuel type contributing to emissions fromeach point ;

(c) in units of tons per year for annual emissions; and

(d) in units of pounds per day for a typical day during the peak ozone season.

E. Waiver of reporting requirements for insignificant emissions
. The department may waive the requirements of Paragraph [f4}] W of Subsection C of this section (20

.2.73.300 NMAC) for emissions which the department determines to be insignificant under 20.2.70 NMAC, except that :

(1) for sources in nonattainment areas, reporting of emissions of pollutants for which the area is nonattainment shall not be waived; and

(2) reporting of emissions for which reporting is required under the federal act shall not be waived
.

F Emission tracking requirements for sulfur dioxide emission inventories
. All stationary sources with actual emissions of one hundred (100) tons per year or more of sulfur dioxide in the year 2000, or in any subsequent year, shall submit an annual inventory of sulfur dioxide emissions, beginning with the 2003 emission inventory
. A source that meets these criteria that then emits less than 100 tons per year in a later year shall submit a sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western backstop sulfur dioxide trading program has been fully implemented and emission tracking has occurred under 20.2 .81 .106 NMAC
. (1) All WEB sources will be subject to the following federally enforceable provisions:

(a) submit an annual inventory of sulfur dioxide emissions;

(b) document the emissions monitoring/estimation methodology used, and demonstrate that the selected methodology is acceptable under the inventory program ; (c) include emissions from start up, shut down, and upset conditions in the annual total inventory;

(d) use 40CFRPart 75 methodology for reporting emissions for all sources subject to the federal acid rain program ; (e) maintain all records used in the calculation of the emissions, including but not limited to the following:

(i) amount of fuel consumed; (ii) percent sulfur content of fuel and how

the content was determined; monitoring data; (iii) quantity of product

(iv) emissions monitoring data; (v) operating data; and

(vi) howthe emissions are calculated;

(t) maintain records of any physical changes to facility operations or equipment, or any other changes that may affect the emissions projections; and

(g) retain records for a minimum often years from

the date of establishment, or if the record was the basis for an adjustment to the milestone, five years after the date of an implementation plan revision, whichever is longer
.

(2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 2018 to ensure that changes in emissions monitoring techniques can be tracked
. 

### NEW MEXICO DEPARTMENT OF GAME ANDFISH This is an amendment to 19 .31 .6 NMAC Sections 12 and 18. Effective date will be 12/14/2004

. 19 .31 .6 .12 REQUIREMENTS AND PERMITS FOR BERNARDOAND CASA COLORADA LIGHT GOOSE HUNT: A

. The Bemardo and Casa Colorada WMAs will be open for light goose hunting by permit only on December 6, 8, 29, 31, and January 25, 27 and 29.

B. Up to 32 permits, at Bemardo WMA, and up to 32 permits, at Casa Colorada, per hunting day, will be available (except Bernardo WMA on December 29; see Section 19 .31 .6 .13 below)
. C
. Applications for Bemardo/Casa Colorada light goose hunts shall be submitted on the appropriate application form

. A six-dollar ($6.00) application fee shall be required of each applicant
. Up to four persons may apply per application
. Applications for the LTG-0-105 hunt code must have a minimumof one adult and one youth hunter
. Refer to the Hunting and Fishing License Application Rule (19.31 .3 NMACSection I1-Restrictions) for criteria qualifying an applicant for a youth hunt license
. Applicants may designate up to three hunt choices
. Only one choice may be awarded
. The deadline date for application shall be on the second Saturday in September
. All applications must be mailed to the Santa Fe office
. Applications that have been mailed and postmarked by the deadline, but not delivered, will be accepted by the Santa Fe office up to five working days after that deadline
.

Hunt packages for the Bernardo and Casa Colorada light goose hunts
.

(B: refers to hunts on Bernardo WMA, C

: refers to Casa Colorada WMA) LTG-O-101 B-12/6 C-1/27 LTG-O-102 B-12/8 C-1/25 LTG-0-103 B-12/31 C-12/8 LTG-O-104 B-1/25 C-12/31 LTG-O-105 B-1/29 C-12/29 D . [RESERVED] E. While hunting light geese, hunters participating in this season must have in their possession a valid hunting license and a special permit issued by the department
.

F While hunting, hunters shall have in their possession only nontoxic shot
. Only 25 rounds per hunter will be allowed at the blinds
.

G
. Designated areas open for light goose ]

[hunting oft Bernafdo and by permit only are Bernardo WMA and Casa Colorada WMA-all open. [19.31 .6 .12 NMAC - Rp, 19.31 .6.12 NMAC, 8-29-2004; A, 12-14-2004] 19.31 .6.18 REQUIREMENTS AND PERMITS FOR THE SPECIAL BERNARDO YOUTH/ADULT DUCK HUNTS: A

. The Bernardo WMA ponds north of highway U .S
. 60 will be open for duck hunting by permit only
.

B. Up to 12 permits will be available per hunting day
.

[Continued on page 1063]1.24 .10 NMAC 

# NMAC TRANSMITTAL FORM [Sequence# Environmental Improvement Board 3 . A4 4eh-* Address P .O
. Box 26110 

### 1190 St
. Francis Drive, Santa Fe, NewMexico 87502 Name Tracy Hughes phone # (505) 827-2750 FAX (505) 827-1628 E-mail tracy_hughes@nmenv.state.nm .us

New 

### L_-___J Amendment

9. NMACNu 

## ~w . _~ [Title- '20 Renumber 

### 0 Repeal 

### U Emergency 

### 0

Chapter part 2 73
Title Chapter NMACName Part 

### Environmental Protection Air Quality Notice of Intent and Emissions Inventory R uirements 

### Expand emissions inventory requirements to include PM2.5 and ammonia, require location information for emission units, authorize the department to require speciation of hazardous air pollutants, and correct a typographical error.

- fifap plicable) ~Mcst~~

:fili'iy dabe 

### il / 25 / 2003

No yes

# 0
Age=- the to regulabeand Issvliiy A that allowstfie'IastiinQ ealf tl~ata__

. . ~. . . . . - - 74-1-8 NMSA 1978

; Chapter 74, Article 2 NMSA 1978 Title >~ of Lssuin9Auffarity (De>ega6ed.authority must be on flJe) Public domain L - ___1

Checkffdelegated 

## authority Name: Gay Dillingham Title: 

# /'/I 7,/,D~ Date sT ig W SRC-2000-02 arxi mTITLE 20 ENVIRONMENTAL PROTECTION

CHAPTER2 AIRQUALITY (STATEWIDE) PART 73 NOTICE OF INTENT ANDEMISSIONS INVENTORY REQUIREMENTS
20.2.73.1 ISSUINGAGENCY: Environmental Improvement Board
. [11/30/95; 20.2.73.1 NMAC- Rn, 20 NMAC 2 .73.100 02/18/02] 20 .2.73 .2 SCOPE: All persons who own or operate a source or who intend to construct or modify a source. [11/30/95; 20.2.73.2NMAC - Rn, 20 NMAC2 .73.10102/18/02] 20 .2.73 .3 STATUTORY AUTHORITY : Environmental ImprovementAct, NMSA 1978, Section 74-1- 8(A)(4), and Air Quality ControlAct, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2- 7(A)(1) and (B)
. [11/30/95

; 20.2.73.3 NMAC- Rn, 20 NMAC2.73.102 02/18/02] 20 .2.73.4 DURATION : Permanent . [11/30/95; 20.2.73.4 NMAC- Rn, 20 NMAC 2.73.103 02/18/02] 20.2.73.5 EFFECTIVE DATE: November 30, 1995 except where a later date is cited at the end of a section or paragraph
. [11/30/95,10/01/97; 20.2.73.5 NMAC- Rn, 20 NMAC 2 .73.104 02/18/02] [The latest effective date ofany section in this Part is December 31, 2004.] 20.2.73.6 OBJECTIVE: The objective ofthis Part is to establish requirements for the submission of certain relevant information to ensure that the regulations and standards under the Air Quality ControlAct andthe Federal Act will not be violated
. [11/30/95; 20.2.73.6 NMAC- Rn, 20 NMAC 2 .73.105 02/18/02] 20.2.73 .7 DEFINITIONS: In addition to the terms defined in 20 .2 .2 NMAC (Definitions), as used in this Part : A

. "air pollution control equipment" means any device, equipment, process or combinationthereof the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or convert for the purposes of control any air contaminant to another form, another chemical or another physical state;

B . "commencement" means that an owner or operator has undertaken a continuous programof construction or modification;

C
. "construction" means fabrication, erection, installation or relocation of a stationary source, including but not limited to temporary installations and portable stationary sources;

D . "emission report or inventory" means a listing, by source, ofthe amount ofair pollutants discharged into the atmosphere ofacommunity ; E. "fugitive emissions" are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening;

F . "modification" means any physical change in, or change in the method ofoperation of, a stationary source whichresults in an increase in the potential emission rate of any regulated air contaminant emitted by the source or which results in theemission of any regulated air contaminant not previously emitted, but does not include: (1) achange in ownership ofthe source;

(2) routine maintenance, repair or replacement; (3) installation ofair pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or pursuant to the federal Clean Air Act ; or

(4) unless previously limited by enforceable permit conditions; (a) an increase in the production rate, if such increase does not exceed the operating design capacity ofthe source;

(b) an increase in the hours of operation ; or

20.2.73 NMAC December 31, 2004 1(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable ofaccommodating such fuel or raw material, or ifuse of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or anyother lack of supply of natural gas;

G
. "nonattainment area" means, for any air pollutant, an area which has been designated as a nonattainment area under Section 107 of the FederalAct;

H . 'loperator" means the person or persons responsible for the overall operation ofa facility; I . "owner" means the person or persons who own a facility or part ofafacility; J. "part" means an air quality control regulation under Title 20, Chapter 2 ofthe New Mexico Administrative Code, unless otherwise noted ; as adopted or amended by the board; Ic "portable stationary source" means a source which can be relocated to another operating site with limited dismantling and reassembly, including for example but not limited to moveable sand andgravel processing operations and asphalt plants;

L. "potential emission rate" means the emission rate of asource at its maximumcapacity to emit a regulatedair contaminant under its physical and operational design, provided any physical or operational limitation on the capacity ofthe source to emit a regulated air contaminant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its physical and operational design only ifthe limitation or the effect it would have on emissions is enforceable by the Department pursuant to the Air Quality Control Act or the Federal Act;

M . "potential to emit" means the maximum capacity ofa stationary source to emit any air pollutant under its physical and operational design; any physical or operational limitation on the capacity ofa source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operationor on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part of its design ifthe limitation is federally enforceable; the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen;

N . "regulated air contaminant" means any air contaminant, the emission or ambient concentration ofwhich is regulated pursuant to the New MexicoAir Quality ControlActor the Federal Act; O
. "shutdown" means the cessation ofoperation ofany air pollution control equipment, process equipment or process for any purpose, except routine phasing out of batch process units;

P . "stationary source" or "source" means any building, structure, equipment, facility, installation (including temporary installations), operation or portable stationary source which emits or may emit any air contaminant; any research facility maygroup its sources for the purpose ofthis Part at thediscretion ofthe Secretary ofthe Department;

Q
. "WEB source" means a stationary source that meets the applicability requirements of 20.2.81 .101 NMAC ; R "western backstop sulfur dioxide trading program" means 20.2.81 NMAC,triggered as a backstop in accordance with the provisions in the sulfur dioxide milestones and backstop trading program implementation plan, ifnecessary, to ensure that regional sulfur dioxide emissions are reduced
. [11/30/95, 10/O1/97; 20.2.73.7 NMAC- Rn, 20 NMAC 2 .73.107 &A, 02/18/02; A, 12/31/03] 20 .2.73 .8 to 20 .2.73.105 [RESERVED] 20.2.73.106 AMENDMENTANDSUPERSESSIONOF PRIOR REGULATIONS: This Part amends and supersedes Air Quality Control Regulation ("AQCR") 703.1 - Notice ofIntent and Emissions Inventory Requirements last filed May 29, 1990, as amended ("AQCR 703.1 ")
.

A . All references to AQCR703.1 in any other rule shall be construed as a referenceto this Part. B . The amendment andsupersession of AQCR 703.1 shall not affect any administrative orjudicial enforcementaction pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR703.1 . [11/30/95; 20.2.73.106 NMAC- Rn, 20 NMAC 2.73.106 02/18/02] 20 .2.73 .107 to 20.2.73.199 [RESERVED] 20 .2.73.200 NOTICE OF INTENT: A . Applicability

: (1) Anyowner or operator intendingto construct a new stationary source which has a potential emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton per year oflead shall file a Notice of Intent with the Department. 20.2.73 NMAC December 31, 2004 2(2) Any owner or operator intending to modify astationary source which either prior to or following

the modification has a potential emission rate greater than 10tons peryear of any regulated air contaminant or 1 ton peryear of lead shall file a Notice ofIntent with the Department .

(3) Therequirements of 20.2.73.200 NMACdo not apply to stationary sources or modifications located in Bernalillo County
.

(4) The Notice of Intent shall be filed prior to the commencement of construction
. Construction shall not begin prior to issuance of a written determination by the Department that a permit is not required, or if a permit is required, prior to the issuance ofthe permit under 20.2.72 NMAC, 20.2.74 NMACor 20.2.79 NMAC
. B . Contents ofNotice: Notices ofintent shall be filed on forms furnished by the Department, which shall be identical to the extent practicable, as those used for 20.2.72 NMAC (Construction Permits) and shall include: (1) The applicant's name andaddress, the person to contact regarding the application, and the name and address of the new source or modification
. (2) The date ofthe application
. (3) Adescription ofthe new facility or modification including all operations affecting air emissions
. (4) The anticipated operatingschedule
. (5) Amap such as a 7.5 minute United States Geological Survey Topographic Quadrangle showing the location ofthe stationary source.

(6) Thenature andquantities of any regulated air contaminants the new source or modification will emit, including all calculations utilized to estimate emissions
. (7) Adescription ofany air pollution control device or method to be utilized, including the basis for the estimated control efficiency
.

(8) The stack and exhaust gas parameters for all emission points
. (9) Anyother relevant information as the Department may reasonably require
. (10) Be signed under oath or affirmation by the operator, the owner, or an authorized representative, certifying to the best ofhis or her knowledgethe truth of all information submitted
. C
. Review

ofNotice- Within thirty days from the date a notice is received, the Department shall reviewits content and by certified letter indicate to the applicant:

(1) The notice is incomplete and indicate specific additional material or clarification required; or (2) Apermit is not required and construction may commence; or (3) Apermit is required before construction may commence. For this case, the Department will indicate whether the application is complete with respect to the requirements of each applicable permit regulation and specify additional material or clarification required if it is not complete
.

D . Verification- In verifying information submitted in response to the requirements ofthis Part, the Department may

: (1) Enterat all reasonable times in or upon any private or public property, except private residences, whichthe Department has reasonable cause to believe is or will become a source ofair contaminants contributing to air pollution; and

(2) Requirethe production ofinformation relating to emissions which cause or contribute to air pollution, includingthe sampling ofemissions in accordance with methods and at locations and intervals as may be prescribed by the Department.

E. Notification Requirements: (1) Theowner or operator of a portable stationary source shall notify the Department in writing of the date and site ofany relocation at least fifteen days prior to its occurrence.

(2) Any owner or operator of a stationary source which will be shut down for a period of one year or more shall notify the Department in writing ofthe actual date of shut down within thirty days after the shut down occurs. (3) Any new owner or operator of a stationary source shall notify the Department within thirty days of assuming ownership ofhis or her name and address
. [11/30/95; 20.20.73.200 NMAC- Rn, 20 NMAC 2.73.200-204 02/18/02] 20.2.73.201 to 20.2.73 .299 [RESERVED] 20.2.73 .300 EMISSION INVENTORY REQUIREMENTS: A . Applicability
. The requirements of 20.2.73.300 NMACapply to the owner or operator ofany stationary source located outside of Bernalillo County which:
20.2.73 NIviAC December 31, 2004 3(1) has been issued a permit under 20.2.72 NMAC (Construction Permits) during any period oftime,

except for toxic air pollutant permits issued under Sections 401 to 499of20.2.72 NMAC ; (2) is required to file a Notice ofIntent under 20.2.73.200 NMAC ; or (3) emits in excess of 1 ton of lead or 10 tons oftotal suspended particulate, PM 10, PM2 .5, sulfur dioxide, nitrogen oxides, carbon monoxide, or volatile organic compounds in any calendar year including and subsequent to 1990.

B . Reporting requirements
. (1) Any source which emits, or has the potential to emit, 5 tons peryear or more of lead or lead compounds, or 100tons per year or more of PM10, PM2 .5, sulfur oxides, nitrogen oxides, carbon monoxide, or volatile organic compounds shall submit an emissions report annually
.

(2) Any source defined as a majorsource ofhazardous air pollutants under 20.2.70 NMAC (Operating Permits) shall submit an emissions report annually
.

(3) Any source which is located in an ozone nonattainment area and which emits, or has the potential to emit, 25 tons per year or more ofnitrogen oxides or volatile organic compounds shall submit an emissions report annually
. (4) Any source which is not required by Paragraph (1), (2), or (3) ofSubsection Bof this section (20 .2.73.300 NMAC)to submit an emission report shall submit an emissions report under this Part upon request by the Department, but no more frequently than annually
.

(5) Except as provided in Paragraph (8) of Subsection Bof this section (20 .2.73.300 NMAC), the Department shall provideto the owner or operator required by this section (20 .2.73.300 NMAC) to submit an emissions report acomplete copy of the most current emissions report for their stationary source which is on file with the Department. The Department shall provide this copy to the owner or operator at least 90 days prior to the date when the source is required to submit an emissions report.

(6) The owner or operator shall submit to the Department a complete, correct and current emissions report in the format specified by the Department which reflects emissions during the previous calendar year
.

(7) Except as provided in Paragraph (8) of Subsection B ofthis section (20 .2.73.300 NMAC) the owner or operator shall submit the emission report by April 1 of each year in whichthe source is required to submit an emission report .

(8) Sources forwhich adate for submitting an annual emission report is specified in a current operating permit issued under 20.2.70 NMAC (Operating Permits) shall submit such report on that date
. The Department shall provide a copy ofthe previous emissions report upon request by the owner or operator of such source. C

. Content of emissions reports. Emissions report contents shall include: (1) the name, address, and physical location ofthe stationary source; (2) the name andtelephone number of the person to contact regarding the emissions report; (3) a certification signed by the owner, or operator, or a responsible official as defined in 20.2.70 NMACattesting that the statements and information contained in the emissions report are true andaccurate to the best knowledge and belief ofthe certifying official, and includingthe full name, title, signature, date of signature, andtelephone number of the certifying official ; for sources subject to 20.2.70 NMAC, the certification shall be made as required under that Part ;

(4) smelters shall submit an annual report ofsulfur input, in tons/year; (5) for each emission point, as required by the Department: (a) stack and exhaust gas parameters and location information; (b) type of control equipment and estimated control efficiency; (c) schedule ofoperation; (d) estimated actual emissions, including fugitive emissions andemissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime oftotal suspended particulate, PM10, PM2 .5, ammonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead, and, if requested by the Department, speciated hazardous air pollutants, in tons peryear and adescription ofthe methods utilized to make such estimates, including calculations;

(e) the annual process or fuel combustion rates; and (f) the fuel heat, sulfur, and ash content; and 

### (b) all information required under the Federal Act . D . Additional content for emissions reports fromsources in ozone nonattainment areas . Emissions reports fromsources located in ozone nonattainment areas shall include, in addition to the contents specified by Subsection Cof this section (20 .2.73.300 NMAC), the following information:
20.2.73 NMAC December 31, 2004 4(1) typical daily process rate during the peak ozoneseason, wherethe peak ozone season is specified

by the Department; and

(2) estimated actual emissions ofnitrogen oxides andvolatile organic compounds, which shall be reported: (a) for each emissions point;

(b) for each process andfuel type contributing to emissions fromeach point ; (c) in units oftons peryear for annual emissions; and (d) in units ofpounds per day for a typical day during the peak ozone season. E. Waiver of reporting requirements for insignificant emissions
. The Department may waivethe requirements of Paragraph (5) of Subsection Cofthis section (20.2.73.300 NMAC) for emissions whichthe Department determines to be insignificant under 20.2.70 NMAC, except that :

(1) for sources in nonattainment areas, reporting ofemissions ofpollutants forwhich the area is nonattainment shall not be waived; and

(2) reporting of emissions forwhich reporting is required under the Federal Act shall not be waived
. F . Emission tracking requirements forsulfur dioxide emission inventories
. All stationary sources with actual emissions ofone hundred (100) tons per year or more ofsulfur dioxide in the year 2000, or in any subsequent year, shall submit an annual inventory ofsulfur dioxide emissions, beginningwith the 2003 emission inventory
. Asource that meets these criteria that then emits less than 100tons per year in a later year shall submit a sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western backstop sulfur dioxide trading program has been fully implemented and emission tracking has occurred under 20 .2.81 .106 NMAC

. (1) All WEBsources will be subject to the following federally enforceable provisions: (a) submit an annual inventory of sulfur dioxide emissions; (b) document the emissions monitoring/estimation methodology used, and demonstrate that the selected methodologyis acceptable under the inventory program ; (c) include emissions fromstart up, shut down, and upset conditions in the annual total inventory; (d) use 40 CFRPart 75 methodology for reporting emissions for all sources subject to the federal acid rain program ; (e) maintain all records used in the calculation ofthe emissions, including but not limited to the following: (i) amount of fuel consumed; (ii) percent sulfur content offuel and how the content was determined; (iii) quantity ofproduct monitoring data; (iv) emissions monitoring data; (v) operating data; and (vi) bow

the emissions are calculated; (f) maintain records ofany physical changes to facility operations or equipment, or anyother changes that mayaffect the emissions projections; and

(g) retain records for a minimum often years fromthe date of establishment, or ifthe record was the basis for an adjustment to the milestone, five years after the date ofan implementation plan revision, whichever is longer
.

(2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 2018 to ensure that changes in emissions monitoring techniques can be tracked
. [11/30/95, 10/01/97; 2.20 .73.300 NMAC- Rn, 20 NMAC 2 .73.300 - 304 02/18/02; A, 12/31/03; A, 12/31/04] HISTORY OF 20

.2.73 NMAC

: Pre-NMAC History: The material in this Part was derived from that previously filedwith the commission of public records - state records center and archives
. EIB/AQCR703.1, Air Quality Control Regulation 703.1 - Notice of Intent and Emissions Inventory Requirements, 5/29/90
. History of Repealed Material : [RESERVED] Other History

:

20.2.73 NMAC December 31, 2004 5EIB/AQCR 703.1, Air Quality Control Regulation 703 .1 - Notice ofIntent and Emissions Inventory Requirements, filed 5129/90, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC2.73, Notice ofIntent and Emissions Inventory Requirements, filed 10/30/95
. 20 NMAC 2.73, Notice ofIntent and Emissions Inventory Requirements, filed 10/30/95, was renumbered, reformatted, amended and replaced by 20.2.73 NMAC, Notice of Intent and Emissions Inventory Requirements, effective 02/18/02
.

20 .2.73 NMAC December 31, 2004 6

### STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD PETITION FORHEARING, PROPOSED AMENDMENTS TO20 .2.73 NMAC- EIB 04-05 NOTICE OF INTENTANDEMISSIONS 

## INVENTORYREQUIREMENTS STATEMENT OF REASONS THIS MATTER having come before the Environmental Improvement Board (Board) upon the Petition ofthe New Mexico Environment Department (NMED) to amendthe Notice of Intent and Emissions Inventory Requirements Regulation, 20.2.73 NMAC, the Board hereby FINDS:I. The NMEDfiled its Petition for a Public Hearing to Propose Amendments to 20.2.73 NMAC, Notice of Intent and Emissions Inventory Requirements in Title 20, Chapter 2, Part 73 of the New

Mexico Administrative Code on July 6, 2004. Acopy of the proposed amendments was attached to the petition
. 2. A hearing in this matter was scheduled for October 5, 2004. Notice of the Public Comment Period and Hearing for the proposed regulations was duly published in the New Mexico Register on July 30, 2004. 3. On September 21, 2004, NMEDfiled a Notice of Intent to Present Technical Testimony
. TheNotice of Intent listed three potential witnesses: Ms. Heather Lancour, Ms. Lany Weaver, and Ms. Mary Uhl
. The Notice ofIntent also included NMED's proposed exhibits
. No other persons filed Notices of Intent to Present Technical Testimony
. 4. A hearing was duly convened in this matter on October 5, 2004, before a quorum of the Board

. Ms. Gwen Wardwell, Board member, presided as the designated Hearing Officer
.

NMED Proposed Statement of Reasons Pa cra 1 nf h

### 5

. At the hearing, the NMED presented oral testimony and the following exhibits: Exhibit Title NMEDExhibit 1 Proposed 20.2.73 NMAC (July 6, 2004) NMEDExhibit 2 Revised Proposed 20.2.73 NMAC NMEDExhibit 3 Direct Testimony of Heather Lancour NMEDExhibit 4 The U .S
. Environmental Protection Agency Regulations on Consolidated Emissions Reporting Requirements (40CFRPart 51) NMEDExhibit 5 The U .S
. Environmental Protection Agency National Emissions Inventory Input Format -Point Sources, Revised November 2003 6 . TheJuly 6, 2004 draft of the proposed amendments (NMEDExhibit 1) was replaced with a revisedversion ofthe proposed amendments dated October 5, 2004 (NMED Amendments) (NMEDExhibit 2)
. The sole difference between the two documents is the inclusion ofthe typographical correction in NMED Exhibit 2, which is discussed further below
. 7. Ms. Heather Lancour, Emissions Inventory Specialist for the Atmospheric Dispersion Modeling Section of the NMEDAir Quality Bureau, provided technical testimony in support ofNMED's proposed amendments
. Ms. Lancour submitted written testimony (NMED Exhibit 3) and oral testimony
. Ms . Mary Uhl answered questions fromthe Board
. No other persons presented testimony
. 8 . As Ms. Lancour testified, the NMEDAmendments will enable the Department to meet U .S
. Environmental Protection Agency (EPA) emissions inventory requirements, collect more specific data regarding Hazardous Air Pollutants, and correct atypographical error. (NMEDExhibit 3)
. 9 . The NMEDAir Quality Bureau (AQB) conducts annual, statewide emissions inventories under 20.2.73 NMAC - Notice ofIntent and Emissions Inventory Requirements (Part

NMEDProposed Statement of Reasons P61 RP I nf A

### 73)
. An emissions inventory is a compilation of permitted sources, their estimated annual

emissions to the air, and their operational data
. (NMEDExhibit 3)
. 10 . The emissions inventory is used to develop planning tools, provide data for air dispersion modeling, measure progress in reducing emissions, and provide input for air quality management projects, such as regional haze and non-attainment areas. The emissions inventory is also used to track air quality trends
. (NMEDExhibit 3)
. 11 . The AQBis required to submit the annual emissions inventory to the EPA . EPA regulates states' emissions inventory submittals in the Consolidated Emissions Reporting Rule (CERR) (NMED Exhibit 4)
. The CERR lists data elements that must be included for each facility, as well as which pollutants the reporting agency must include in its emissions inventory
. EPA finalized the CERRin June 2003. (NMEDExhibit 3)
. 12. The National Emissions Inventory Input Format (NIF) is a reporting format that states use to submit their emissions inventories to the EPA (NMEDExhibit 5) . The NIF specifies the format of each required data element in the emissions inventory
. The NIF was revised in November 2003. (NMED Exhibit 3)
. 13. The NMEDAmendments include the following changes for the following reasons: A . Reporting of emissions of particulate matter with an aerodynamic diameter equal to or less than 2.5 micrometers (PM2.5)
. The EPA amended its reporting requirements for states under the CERRin 2003. The amendments added PM2 .5 to the list of emissions that states must report to the EPA

. EPAadded PM2.5 to its list because it recently established a National Ambient Air Quality Standard (NAAQS) for PM2.5. State emissions inventories are required to

NMEDProposed Statement ofReasons 'Do RP '2 nfF

## include all NAAQS pollutants
. PM2.5 is also a major contributor to visibility impairment
.

(NMED Exhibit 3)
. B . Reporting of location information for emissions points in Section 300 .C(5)(a)
. The NMEDadds location information requirements to Part 73 because as technology for measuring point locations has become more refined, NIF requirements for reporting the location of emissions points have increased
. EPAwill use the additional location information in national modeling analyses for federal rulemaking. (NMEDExhibit 3)
. C
. Reporting of ammonia emissions in Sections 300 .B(1) and 300.C(5)(d)
. The EPA amended its reporting requirements for states underthe CERRin 2003. The amendments added ammoniato the list of emissions that states must report to the EPA . Ammonia is a precursor to PM2 .5. (NMEDExhibit 3)
. D . Authorization for the Department to require information regarding emissions of individual (speciated) Hazardous Air Pollutants (HAPs)
. Major sources (which emit more than 10 tons per year of any single HAPor 25 tons per year of total HAPs) currently report total HAP emissions rather than the emissions of individual HAPs. By authorizing the NMEDto require speciated reporting ofHAPs, the AQBwill be able to analyze specific HAPemissions and predict specific HAPconcentrations to determine health risks throughout the state . In addition, the NMEDwill be able to verify that HAP-specific emissions limitations are met. (NMED Exhibit 3)
. E. Correction of a typographic error that was created when the regulation was revised for regional haze
. The typographic error resulted when the EIB added a requirement for smelters to report sulfur content under Section 300 .C(4) and renumbered what had been C(4) to C(5)
. As a result of these changes, the reference in Section 300 .E to 300 .C(4) became incorrect
. NMED Proposed Statement ofReasons Pa m- d nf h

### Section 300 .E should now

refer to 300

.C(5)
. This change was inadvertently omitted fromthe text ofthe proposed regulations in NMEDExhibit 1 and was included in NMEDExhibit 2. (NMED Exhibit 3)
. 14. The NMEDrequested that the Board adopt the proposed revisions to 20.2.73 NMAC and approve the amendment to the New Mexico State Implementation Plan (SIP) to incorporate the resulting regulatory changes
. The NMEDalso requested that it be granted permission to correct typographical errors in the new language, if found, and make any additional non-substantive formatting changes requested by the State Records and Archives Center prior to filing the rule
. 

## The Board hereby CONCLUDES: 1 . The Board has the authority under NMSA 1978, §74-2-5 (1995) to (1) promulgate regulations consistent with the Air Quality Control Act requiring any person emitting any air contaminant to submit reports regarding the nature and amounts of emissions and (2) to adopt a plan for the regulation, control, prevention or abatement of air pollution
. 2 . Recent amendments to the CERRand the NIF necessitate corresponding amendments to the NMEDregulations and SIP
. 3 . The NMEDAmendments to the Emissions Inventory Regulations are in the public interest, because they satisfy the requirements of the CERRand NIF, because they enable the NMEDto develop facts and make studies consistent with the Air Quality Control Act, and because they correct a typographical error in the current regulations
. 4 . The NMEDAmendments are reasonable given their usefulness in studying and providing facts to assess and develop measures to address the character and degree of injury to or interference with health, welfare, visibility and property caused by air pollution
.

NMED Proposed Statement of Reasons PacrP S nf h

## 5. The NMEDAmendments are technically practicable and economically

reasonable
. 6 . The New

Mexico SIP should be amended to incorporate the NMEDAmendments the Board approves in this Order
. 7. The Board unanimously adopts the NMEDAmendments as proposed by the NMED (NMEDExhibit 2) and approves the amendment of the New Mexico SIP to incorporate the NMEDAmendments and any appropriate formatting or other non-substantive changes necessary to file these regulations with the New Mexico State Records Center
. 8 . The effective date ofthe regulations and SIP amendment will be no sooner than thirty days after the filing ofthe NMEDAmendments under the State Rules Act. 

## The Board therefore ORDERS: 1 . The amended Emissions Inventory Regulations as proposed by the Department (NMEDExhibit 2), to be codified in Title 20, Chapter 2, Part 73 NMAC and any appropriate formatting or other non-substantive changes necessary to file these regulations with the New Mexico State Records Center, are hereby adopted
. 2 . The New

Mexico SIPis hereby amended to incorporate the NMEDAmendments approved in this Order
. 

## 3. The amendments will become effective on December 31, 2004. APPROVED



# - .

# -,/
___ 

# kN11, Gay Dillingham Chairperson Environmental Improvement Bo d Dated this /15 day of (J-CA- , 2004.

NMED Proposed Statement of Reasons Pa crn h nf 7